aelf
Ashen One
There is something essential which you are missing: while My-Lai may have been indeed an act of insanity (no orders to do it and no rationale for it), the killing of civilians in war has been, and unfortunately is likely to remain, a standard tool of war. How can a state throw those responsible for My-Lay into prison, and at the same time ignore those who had been ordered to bomb, say, villages which were not paying taxes to the local corrupt puppet government (to use the other situation quoted above), on obviously flimsy excuses that they were harboring enemies? How could, for a more current example, NATO bomb civilian targets in Serbia to force the closure of that war, and then put in trial the pilots of the planes for the civilians killed? Or how could both the russians and the georgians fight their little petty recent war and achieve their goals without terrorizing civilians with bombings? How can the US keep Afghanistan unstable and its puppet government there without bombing also civilians, regardless of how they're all classified in press releases? "collateral damage", "unfortunate accidents"... it's all crap - it's part of the business of war, and avoiding it would mean, for the planners, failing the goals of war at the time.
So, should we judge the killing of some civilians, but not of others? Use an utilitarian criteria, perhaps: killing civilians is justified for the furthering of military goals, or as "collateral" results, but not gratuitously? But once you start using utilitarian criteria you've already renounced moral criteria! Morals and the practice of war don't really mix. I'm not saying that it shouldn't be tried, that it isn't useful precisely in keeping soldiers "sane" throughout a war (there were reasons for that contradiction of having chaplains in armies...) but it would be deeply hypocritical to be, judicially, harsh on soldiers who killed civilians as part of an activity where killing civilians is (let's be honest!) a regular "tool of the trade". So the practice is to, whenever a scandal breaks out, find some low-ranking scapegoats and punish them mildly, never venturing into the dangerous ground of what officer may have ordered what and what methods had been used in war, lest the whole war be questioned...![]()
You're right. Until the capitalist system is replaced and war becomes history, we should forget about properly prosecuting war crimes.
It's so unfair to prosecute people who commit mass murders when their superiors get away, just like it's so unfair to prosecute criminals when their capitalist overlords get away. We should therefore just sit in a circle and hope for a better tomorrow.
Unless, you're saying that this is a perfectly political decision, in which case I agree. But then that's what I'm saying this is - a reprehensible political outcome where the concept of justice is not even being paid lip-service. Utterly disgusting, like I said, especially as it seems to find people willing to defend it who would probably foam at the mouth if the enemy was let off for similar deeds.

