Quote (El1te @ Sep 17 2024 03:20pm)
Just a reminder to everyone that a war crime is entirely a Western philosophical concept, it doesn't exist outside of Western Imperial law
Also to this point
The formality of laws governing international relations and war is a western concept, but there have been loose parallels in eastern or maybe native africa/american cultures. We definitely see the sort of voluntary, opt-in style of 'rules of war' aiming to promote decency in ancient chinese/indian philosophy. Generally more as individual philosophers advocating a set of principles and those being culturally adopted, but not necessarily formally litigated The Methods of Ssu-Ma and Rites of Zhou are eastern legalese that have pretty direct parallels to western war crimes. The Mahabharata talks about rules of war in ancient india from a religious perspective, but the Manu-smriti establishes a formal hindu code for the laws of just war, negotiations, treatment of POWs/non-combatants/civilians.
The only thing that's truly unique in the western philosophy is also a neologism, not applicable to the modern era: A foreign authority claiming jurisdiction over rules of law. Only starting with the Nuremberg Trials. Prior to that, western rules of law were just like the other continents, we had philosophies, we had claims to rules of law, but breaches of them were still up to the warring parties to resolve. When the crusaders sacked Constantinople, what court could judge them? The pope impotently excommunicated them in absentia and rebuked them, but was cowed by the threat of them dissolving the army and returning home so he rescinded it a few months later, whoop-dee-doo. There was no court that could lay claim to all global conflict and hold a pretense of legitimate legal authority. That's what makes us different today, and it only exists insofar as we dominate the world. And as the Ukraine war shows, we don't. Russia, China, India and to an extent Japan have all carved out spheres of influence where the fist of America cannot rule. So any laws of war crime need to once again be negotiated between sovereign state actors, not our will imposed on the world. Russia's motivation to hold POWs safely is a self-interest in the reciprocal treatment of their own POWs, not America's judgment. And its not like we're bound by our own rules, as we ship weapons to Ukrainian Nazis who target medics, when we engage in blatant perfidy by sending Azov commanders back to war against the terms of their negotiated release