# Iraqi Troops-War Criminals? **URL:** \ **Category:** Great Debates\ **Created:** [February 27, 2003, 4:28am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815 "2003-02-27T04:28:14Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![HPL](https://avatars.discourse-cdn.com/v4/letter/h/3da27b/32.png) [@HPL](https://boards.straightdope.com/u/HPL)\ **Post date:** [February 27, 2003, 4:28am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/1 "2003-02-27T04:28:14Z")
I don’t know if this has been discussed before but was recently talking to a friend in germany and he asked me if I had heard “That the US saying it would prosecute Iraqi troops who resisted as War criminals”. I had never heard anything in that manner, but I am curious. Has anyone actually heard something along those lines from Credible and somewhat non-biaed sources? ---
**Author:** ![Hermann\_Cheruscan](https://avatars.discourse-cdn.com/v4/letter/h/b782af/32.png) [@Hermann\_Cheruscan](https://boards.straightdope.com/u/Hermann_Cheruscan)\ **Post date:** [February 27, 2003, 4:59am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/2 "2003-02-27T04:59:48Z")
Sounds ludicrous to me. Iraqi troops have a duty to protect their country, just like all troops have duties to protect their countries. ---
**Author:** ![Sam\_Stone](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Sam\_Stone](https://boards.straightdope.com/u/Sam_Stone)\ **Post date:** [February 27, 2003, 5:26am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/3 "2003-02-27T05:26:59Z")
Not troops who ‘resist’. Troops who launch weapons of mass destruction at civilians. Basically, the “I was following orders” excuse will not be allowed. This is nothing new. The Nuremberg trials established that over 50 years ago. Bush is just reminding them. ---
**Author:** ![kniz](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@kniz](https://boards.straightdope.com/u/kniz)\ **Post date:** [February 27, 2003, 7:29am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/4 "2003-02-27T07:29:59Z")
We are dropping leaflets and broadcasting messages telling the military leaders in Iraq that if Saddam orders them to use biological or chemical weapons that they should disobey such orders. If they follow those type of orders then they will be tried as “war criminals”. You and your German friend had heard the anti-American version. ---
**Author:** ![kniz](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@kniz](https://boards.straightdope.com/u/kniz)\ **Post date:** [February 27, 2003, 7:31am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/5 "2003-02-27T07:31:58Z")
Oh, but we are also telling them that they will be treated kindly, if they should decide to lay down their weapons. ---
**Author:** ![Latro](https://avatars.discourse-cdn.com/v4/letter/l/a87d85/32.png) [@Latro](https://boards.straightdope.com/u/Latro)\ **Post date:** [February 27, 2003, 8:10am UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/6 "2003-02-27T08:10:32Z")
> [@](#): > > This is nothing new. The Nuremberg trials established that over 50 years ago. Bush is just reminding them. Why do I have the suspiscion that any accused won’t be going to The Hague and that any warcrimes courts will be entirely be hosted by the victors? Indeed show trials are nothing new. ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [February 27, 2003, 1:58pm UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/7 "2003-02-27T13:58:52Z")
> [@](#): > > Why do I have the suspiscion that any accused won’t be going to The Hague and that any warcrimes courts will be entirely be hosted by the victors? The US does not put on show trials. Nuremburg was not, and if we put anyone on trial, it will not be a show trial. ---
**Author:** ![Spiny\_Norman](https://avatars.discourse-cdn.com/v4/letter/s/9de0a6/32.png) [@Spiny\_Norman](https://boards.straightdope.com/u/Spiny_Norman)\ **Post date:** [February 27, 2003, 4:28pm UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/8 "2003-02-27T16:28:36Z")
> [@](#): > > \*Originally posted by smiling bandit \* > \*\*The US does not put on show trials. Nuremburg was not, and if we put anyone on trial, it will not be a show trial. \*\* Of course, if the US decides that you’re an “enemy combatant”, you won’t get a trial at all. ---
**Author:** ![Neurotik](https://avatars.discourse-cdn.com/v4/letter/n/91b2a8/32.png) [@Neurotik](https://boards.straightdope.com/u/Neurotik)\ **Post date:** [February 27, 2003, 4:34pm UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/9 "2003-02-27T16:34:08Z")
Iraqi troops cannot be considered enemy comabatants, rather than POWs. Taliban folks got that because they were fighting on behalf of non-recognized (for the most part) organizations. Maybe not a legitimate designation or reason, but the circumstances are significantly different from the one that would exist in the case of war with Iraq. ---
**Author:** ![Spiny\_Norman](https://avatars.discourse-cdn.com/v4/letter/s/9de0a6/32.png) [@Spiny\_Norman](https://boards.straightdope.com/u/Spiny_Norman)\ **Post date:** [February 27, 2003, 5:00pm UTC](https://boards.straightdope.com/t/iraqi-troops-war-criminals/157815/10 "2003-02-27T17:00:04Z")
> [@](#): > > \*Originally posted by Neurotik \* > \*\*Iraqi troops cannot be considered enemy comabatants, rather than POWs. Taliban folks got that because they were fighting on behalf of non-recognized (for the most part) organizations. \*\* You’re of course right, and I apologize for the hijack. On the subject: Any soldier who uses chemical weapons will be in breach of the conventions, - in this case, the IVth Hague Land War Convention, article 23: > [@](#): > > In addition to the prohibitions provided by special Conventions, it is especially forbidden - > > _To employ poison or poisoned weapons;_ > > To kill or wound treacherously individuals belonging to the hostile nation or army; > > To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion; > > To declare that no quarter will be given; > > To employ arms, projectiles, or material calculated to cause unnecessary suffering; > > etc. etc. Iraqi personnel using chemical weapons can be charged with war crimes. Excellent site for the laws of war: [http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm](http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm)