Here’s the UN’s definition itself.
Here’s the BBC’s take on the issue.
If the order was illegal, then the right thing is to follow through on it? That’s a typo, right? You meant to type “not follow through on it?”
While enlisted men may not be liable for prosecution, does that make it any better? “John Q. Soldier was just participating in an illegal war of agression, so, like, it’s no big deal.”
If a soldier does not have a legal duty to refuse, would they not have a moral duty?
“Leaders or organizers” would include officers, would it not?
Quote anywhere in the law I cited which says anything close to that. A war of agression is, in and of itself a war crime. You don’t have to commit any further war crimes, you don’t get a ‘commit one war crime and get out of jail free.’ card.
Many of the statutes were created after WWII and largely as a result of Neurenberg precedent.
Is an officer who orders his men to do something a leader? What semantic nitpicking do we need to engage in to parse the ‘true [del]scotsmen[/del] leaders’ from the ‘not quite leaders.’ Just following orders is not a defense, right?
As I understand it, the law I cited does not refer to common soldiers. But officers would seem to be very much in leadership and organization positions and responsible for the creation and dissemination of orders. On a side note, I’d love nothing more than to see Bush hauled to the Hague to defend himself against charges of war crimes… but ah well, I doubt it’ll ever happen.
Also, individual, normal soldiers, can be responsible for actions that they commit which are war crimes, even in the context of a larger illegal war. Kidnapping Iraqi civilian families, for instance, is a war crime.
And to the military leadership, along with others.
Finally, it’s somewhat odd to hear as a defense that one participated in an illegal war, but at least they can’t be held legally responsible. Even if you can’t be charged under the statutes, is it not wrong to participate in an illegal war?