QUOTE(Proabivouac @ Sun 27th April 2008, 12:58pm)
QUOTE
Shouldn't treatment of criminals and POWs all be the same, no matter what they are?
This is governed by treaty; you cannot charge enemy soldiers with crimes just for fighting. More fundamentally, a state has the right to belligerence; you cannot condemn a state merely for going to war. It's completely legal and orthodox to hold enemy combatants indefinitely until the end of hostilities. It it unorthodox to try them for various crimes, even if this process would result in a shorter period of internment.
But apparently you can charge their commanders, just for fighting. "Belligerance" is defined in these matters by the winner, as "starting a war of aggression." That is, Germany and the USSR were guilty of aggression with Poland, and Japan with the US, but the US is not with Iraq. See? The US thought that one day the Iraqies would help terrorists attack us. But a lot of invading countries have had that excuse. How come no trials of US people for war crimes? Or, for that matter, terrorism?
As for "treaty," I don't like it as a word-- in the case of a peace treaty signed by a lost side under threat of continuing genocide (as the VE and VJ treaties at the end of WW II were), to me they have much the same moral standing as a legal contract signed by a man with a gun at his head. Why they don't have the same international legal standing, as such a coerced contract has in normal legal standing, I fail to see. It's just one more wacko thing
You wouldn't in normal law, expect to come up later to the man who'd signed with the gun at his head and say: "Look, buddy, YOU signed the agreement giving us the right to try you for murder and hang you." (i.e., "You SIGNED the confession...")
But yes, this was the very legistic argument used by the occupying powers in both Germany and Japan. I blush. Few others do.
But it's pretty clear that the signers of these documents, as individual men, had no idea what they were doing. Nor probably their governments, what there was of them. Suppose The Ghost of Nuremburg Future had come to Generals Keitel and Jodl before they signed the instruments of surrender to the respective Allied powers in Europe, and said "Er, you
do realize that you're signing away here, any objection to having these powers try
you personally after the end of the war, for "war crimes", and hang you?" If they believed the look into their futures (where they are indeed destined to get hanged under these treaties), don't you think they might have headed for the tall-timber, ala Bormann and Himmler? And in that case, don't you imagine that the allies would have "invented" somebody with the "authority" to sign, on behalf of the occupied countries, and then gone on to do what they did, just the same? What then is the point in this charade, other than pure hypocrisy and self-delusion?