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Question on war crimes

 
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scotty61
LCDR


Joined: 07 May 2004
Posts: 419
Location: Glyndon MN

PostPosted: Fri Oct 15, 2004 6:27 pm    Post subject: Question on war crimes Reply with quote

It is my understanding that the US Military has it's own unifrom code of justice. Crimes such as murder, rape, theft and destruction of property are covered by this code and trial and punishment are handled by military justice.

War crimes, on the other hand, are violations of the conduct of war as set forth by the Geneva Convention. Genocide, I believe, falls under the catagory of crimes against humanity.

My question is if a country such as North Vietnam does not recognize the Geneva Convention, how can anyone commit a crime against them, that they do not recognize. Secondly, since many of Kerry's "war crimes" were instead violations of the military code of justice, would he be guilty of perjury? Or am I wrong on all accounts?
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rb325th
Admiral


Joined: 21 Aug 2004
Posts: 1334

PostPosted: Fri Oct 15, 2004 7:05 pm    Post subject: Reply with quote

Committing any War Crime is a violation of the UCMJ. Any Serviceman who violates the Geneva Convention can and have been tried for it.
Wether a Country we are fighting against obeys or has even signed the Geneva Accord is irrellevant to U.S. Serviceman.
We have never fought an enemey who has "played by the rules". We do and and that is a part of what makes this Nation the greatest on earth.
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Sgt-Keeper
Seaman Apprentice


Joined: 02 Jul 2004
Posts: 96

PostPosted: Fri Oct 15, 2004 7:13 pm    Post subject: Reply with quote

Scotty
I am not an attorney experienced in internaitonal law so I can't answer with any authority re: Geneva Convention violations. But, the UCMJ, as you cited, does cover all of the autrocities that Kerry cited that he personally committed. As an officer he had the duty & responsibility to report every instance that he witnessed in a timely manner. He did not do that. The real issues are consorting with the enemy in a time of war, and the perjury during congressional hearings. We did sign the Geneva Convention articles of war, so we were bound by them, even if Viet Nam wasn't.
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