What is or isn't a war crime? Why might a nuclear strike be unlawful?

RickJay shut down the tangent in “General Milley promising to tip off China in advance if America planned to attack: OPSEC violation?” so here is a dedicated topic.

People just joining the conversation, it starts at post #30 in the linked topic.

Lots of posts already made in that topic. Check them out!

I’m just going to repeat my last post and we can pick up from there.


Okay, that makes sense. I think there is a problem when the U.S. has only implemented some of its treaty obligations in positive domestic law, and it has also refused to ratify any treaty establishing an international court. There are also treaties establishing war crimes for many countries that were never ratified by the U.S., primarily the Rome Convention.

This leaves a number of internationally recognized war crimes where no prosecution will ever be sought in the U.S., is your contention that such war crimes simply do not exist for the U.S.? You cannot justify the convictions for crimes against humanity at Nuremberg with such a theory of international law… in my opinion. (see also this topic: Did the Nazis break the law? Did the Nazis follow illegal orders?)

I appreciate your response, and now agree with you on that case. Which is more satisfying to me than you just laughing at me upthread.

~Max