lovett
Deity
- Joined
- Sep 21, 2007
- Messages
- 2,570
War crimes trials started out as victor's justice and that's how they should remain. Attempting to come up with even semi-objective criteria for defining war crimes in the absence of a given trial's political context would be night impossible.
What a foolish thing to say!
It seems as if you are arguing that*, because the 'political context' of a given act would be absent from the trial relevant to that act, we couldn't possibly come up with criteria of sufficient objectivity to justify trying people for war crimes.
Clearly, we would not need to ignore the political context of the relevant act during trial. Similarly, we hardly need to ignore the social context of a murder when trying someone for murder. One can take account of context just as far as it is relevant, which it often will be.
This can't be the way the 'absence' of political context makes it impossible to define objective criteria for war crimes, then. Perhaps you mean the political context is absent in that the trial need not be run by either participants, and if it is run by either participants it is unlikely to be objective. But this absence hardly undermines attempts to develop sufficiently objective criteria. Our civilian judicial systems are sufficiently objective, but the victims do not sit in judgement of the accused.
So your argument gives one no reason to believe that it is impossible to develop criteria of sufficient objectivity to justify trying people for war crimes. That is because, as far as I can make sense of it, your argument is thoroughly unsound.
In fact, it seems quite possible to develop objective criteria for when war crimes have occurred. It seems possible not least because it has actually been done. These criteria are no less objective than those we use in the civilian judicial system. They turn on issues of fact and intention. When a persons act, intentionally or through gross negligence, result in the mistreatment of prisoners of war, the extermination of racial or religious groups or the use of tactics such as rape, deportation and civilian massacres it seems fairly clear cut that a war crime has occurred. These criteria are as objective as we need criteria to be. There is no reason to think we cannot have objective criteria for war crimes.
*I assume your description of the genesis of war crime trials is not intended as an argument. It is hardly as if victor's justice cannot be justice simpliciter(and, surely, it often has been in the case of war crime trials) and even if it weren't, the description of the genesis of a practice does not entail we should attempt to conform the current practice to its past.