# What is or isn't a war crime? Why might a nuclear strike be unlawful? **URL:** \ **Category:** Great Debates\ **Created:** [September 21, 2021, 11:51pm UTC](https://boards.straightdope.com/t/what-is-or-isnt-a-war-crime-why-might-a-nuclear-strike-be-unlawful/951089 "2021-09-21T23:51:14Z")\ **Posts on this page:** 1\ **Page:** 1
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [September 21, 2021, 11:51pm UTC](https://boards.straightdope.com/t/what-is-or-isnt-a-war-crime-why-might-a-nuclear-strike-be-unlawful/951089/1 "2021-09-21T23:51:14Z")
**RickJay** shut down the tangent in “[General Milley promising to tip off China in advance if America planned to attack: OPSEC violation?](https://boards.straightdope.com/t/general-milley-promising-to-tip-off-china-in-advance-if-america-planned-to-attack-opsec-violation/950665/70)” so here is a dedicated topic. People just joining the conversation, it starts at [post #30](https://boards.straightdope.com/t/general-milley-promising-to-tip-off-china-in-advance-if-america-planned-to-attack-opsec-violation/950665/30) in the linked topic. > [@General Milley promising to tip off China in advance if America planned to attack: OPSEC violation?](https://boards.straightdope.com/t/general-milley-promising-to-tip-off-china-in-advance-if-america-planned-to-attack-opsec-violation/950665/30): > > On what basis would an order to launch a nuclear strike be “unlawful”? My understanding is that the President has the legal power to do so, unless that power is removed from him via impeachment or 25th-Amendment action. > [@General Milley promising to tip off China in advance if America planned to attack: OPSEC violation?](https://boards.straightdope.com/t/general-milley-promising-to-tip-off-china-in-advance-if-america-planned-to-attack-opsec-violation/950665/31): > > If the President were to order a strike of another kind on a foreign power, are there circumstances where that might be considered unlawful? > > It is also my understanding that we have a standing policy to use WMD only in circumstances where WMD have been or will be used against us. Absent that threat, would using WMD be considered unlawful? Maybe this should be an entirely different thread. I think it’s a debate worth having. 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. * * * > [@General Milley promising to tip off China in advance if America planned to attack: OPSEC violation?](https://boards.straightdope.com/t/general-milley-promising-to-tip-off-china-in-advance-if-america-planned-to-attack-opsec-violation/950665/68): > > Under the laws on war crimes, it is appropriate for a belligerent to **prosecute its own war criminals** , in fact this is considered preferable. The structure of international tribunals actually consider themselves “courts of last resort” when home countries will not pursue war crimes charges against their own war criminals. But the prosecution of say, Lt. William Calley for the My Lai massacre is considered entirely appropriate in terms of international law. 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?](https://boards.straightdope.com/t/did-the-nazis-break-the-law-did-the-nazis-follow-illegal-orders/918169)) > [@General Milley promising to tip off China in advance if America planned to attack: OPSEC violation?](https://boards.straightdope.com/t/general-milley-promising-to-tip-off-china-in-advance-if-america-planned-to-attack-opsec-violation/950665/68): > > Edit to add: My rejection of your citing the Japanese court is they do not really have jurisdiction to rule on if an American bombing campaign is illegal under our agreed upon treaties, and even so much as they have any authority to speculate on such matters at all their core ruling in that case would be of very questionable precedential value in my opinion. 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