US, UK hail murder of Russian lieutenant-general in charge of nuclear defense
(www.wsws.org)
from return2ozma@lemmy.world to world@lemmy.world on 18 Dec 2024 05:37
https://lemmy.world/post/23263267
from return2ozma@lemmy.world to world@lemmy.world on 18 Dec 2024 05:37
https://lemmy.world/post/23263267
#world
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Ah, of course, that icon of non partisan high brow news and information the World Socialist Web Site
Do you disagree with the article or just the source?
Both
The article seems factual and unbiased as far as possible can tell.
What about the title? Since when killing a soldier during war is a murder?
Assasinations of individuals using perfidity are illegal under the Geneva convention. It is explicitly mentioned in the article. For a more detailed look read through this:
lieber.westpoint.edu/assassination-law-of-war/
Note that Westpoint is an American military academy. I hope this removes your worries of Russian trolls.
Please stop misreading (or misrepresenting, whichever it is) this source. As I mentioned in my other reply to you, the only definition of perfidy given in the Geneva Conventions is the invitation and betrayal of confidence. To quote your link:
This is not true, see the reply to the prohibitions around booby-traps, which explicitly notes them to be devices that can constitute treachery and perfidy. Which of course they are.
I find it hard to understand, how you get to the conclusion that having civilian objects explode in a civilian area is somehow considered an non treacherous attack, especially as treachery originates, as the article describes, from an understanding of “chivalry”.
Because, as I have already said to you, the device was manually triggered according to Russia. This makes it definitionally not a booby trap. If that did count as a booby trap, then a sniper waiting for someone to leave cover would be a booby trap, which is clearly nonsense.
Because the Ukrainians are under no obligation to announce what they are doing to the Russians and are therefore not betraying anything. It is not a war crime to employ stealth. It is perfidy to invite trust and then betray it, as I have pointed out to you in the Geneva Conventions and your source several times.
He is either a Russian shill or a “useful idiot”, you are wasting your time. And the mod removing my previous comment in which I called him the same should better read his posts again.
Semantics.
So what? You’d be fine with the title if it said “killed in action” or something like that?
I mean yeah, they probably would. The words have specific connotations; murder is not just killing, it's unlawful or unjust killing. This is like the opposite to when police shoot someone dead at a traffic stop and the headline is "black man passes away after interaction with police"
I’d argue that KIA implies that they were on the front lines, but once again that’s semantics.
I think the vast majority understands the meaning of the headline and aren’t overly concerned with the dictionary definition of murder.
I would say you are talking rubbish and use the word “murder” is a blatant Russian propaganda.
You are entitled to your opinion.
It’s my 2nd favourite murder this months!
Saying “murder” about a military participant in an ongoing invasion reeks of propaganda, not reliable news coverage.
Was he killed in combat? Was he killed by a member of the armed forces? Was he on active duty?
I think in his case it is not so clear to deem him a combatant and legitimate target by the laws around warfare.
His assassination is kind of similar to the attack on the Pentagon in 09/11. That is the part attacking US army personnel in the building, not the abducting and murdering civilians in a plane part.
He is a high ranking paper pusher at home, rather than an armed or at least deployed fighter. The attack was not carried out by regular armed forces, but by intelligence or intelligence affiliated partisan/terrorist (depending on point of view) groups.
In a similar question one would have to ask, if the assassination of JF Kennedy wasn’t a murder then, since Kennedy was the leader of an invading army in Vietnam.
EDIT: before downvoting i suggest people to read the following discussion regarding the legality of this act. This assassination was clearly not in accord with the Geneva convention, specifically the prohibition of the use of civilian items as booby traps and the prohibition of perfidious attacks.
Can you link to a source for your respective claims?
I am not unhappy, that he is gone, but i am also not unhappy about other people being gone, where legally it is considered a murder.
The allegations that he was a war criminal, which probably is true, doesn’t justify killing him without a conviction, albeit afaik the ICC does not hand out death sentences.
Are generals sitting at home active duty soldiers? I don’t know, but again this means, that any killing of any head of state that is also considered commander in chief is legal, if their country is involved in an invasion or illegal occupation. So assassinating US presidents would be perfectly legal by this logic like it would be to assassinate Putin.
Military intelligence is not regular armed forces and i strongly doubt that Ukraine will be providing detailed evidence who committed the killing, so it is well possible that they used a third party.
That you refer to humans as “pest” does indicate though, that you have a strong disregard for basic human rights. It is a language that fits the Russian invaders and other war criminals, who rely on dehumanization to further their crimes.
Murder is a legal category. It does not matter how much you or i think it is morally justifiable. Devalueing humans as “pest” however is always a strong indication, that someone has no interest in rule of law.
The laws of war are way more permissive than you think. All military officers are lawful targets. Even civilians working for the “war machine” are lawful targets. Munitions manufacturing plants, for example, tend to be full of civilian employees. They are lawful targets because destroying the enemy’s ability to conduct war is a lawful objective of military necessity.
I now had time to look into the matter. It seems people here who assert it to be legal are quite off:
lieber.westpoint.edu/assassination-law-of-war/
Note that the examples refer to the second sentence, to give someone false security by suggesting he would be entitled to protection under laws.
Blowing someone up with an explosive disguised as a civillian item in a civllian environment seems to be quite perfidious.
It is perfectly reasonable to speak of a murder here. The guy was targeted as an individual, he was killed and the attack was clandestine and treacherous, as he had no chance to guard against it and it was done in a way that could have killed uninvolved civilians easily, so it was also treacherous. In total the attack was probably perfidous and therefore illegal under the Geneva convention.
Under your interpretation of perfidy, what kind of killing would be permitted in war? Does a soldier at the frontline have a chance to defend against an incoming artillery strike, or a sniper? Are wars to be conducted only as a series of honourable sword duels?
The mention of "clandestine" is from the Lieber code, which is not an international law. The Geneva Conventions do not use it. Ukrainians and Russians do not need to observe internal American military law.
The feigning of civilian status is possibly relevant depending on how the assassin conducted the assassination. If all the assassin did was evade notice, that is not perfidy - they must invite confidence, as you quoted, which you cannot do by not being noticed. The same protocol that your quote comes from discusses this with regard to "ruses of war" such as camouflage.
Regarding whether or not Kirillov was a legitimate target: Even if he really, genuinely did not order the war crimes he is accused of ordering, he is still a combatant under the Article 43 of the 1977 Protocol I of the Geneva Conventions. Russian government comments seem to reflect this too. Russia Today quotes State Duma Defense Committee chairman Andrey Kartapolov describing Kirillov as a “Worthy Russian general,” and a “Real officer.” Russia describes one of the responsibilities of his forces as "Causing loss to the enemy by using flame-incendiary means." If you are the guy that orders the flamethrowering of enemy soldiers then yes, you are a combatant.
“clandestine” is an important category to understand what is considered treacherous. The geneva convention does not refer exclusively to inviting confidence of protection. It is just an explicit specification, like the examples given under a to d are examples, to have them already covered. That does not mean that they are exclusive.
For the fighting on the front line every soldier knows he is at risk. Also Private Ivan is not targeted as Private Ivan. If instead there was Private Alexej in his place, Alexej would be dead and Ivan life another day. The same applies when command centers are attacked. They are attacked as the command structure. And if General Mikhail is visiting that day and the attack is done specifically on that day because he is there it is legitimate as he knowingly went to a legitimate target. Same i would argue for the command center in Moscow, e.g. the distance to the front is not relevant.
But being blown up by a booby trapped civilian device in a civilian area seems quite treacherous. In particular as booby trapping civilian devices is also prohibited.
It does not refer to anything but that. If you think it does, quote it. Your personal feelings on whether or not it has perfidious vibes aren't really enough here.
Russia thinks that the bomb was monitored and manually detonated, which would make it not a booby trap. As such it's now just "combatant kills enemy combatant with a grenade from a hidden position, no civilian casualties". The Ukrainians are not required to warn an enemy general about the specifics of how he might get hurt in the war he is fighting.
treaties.un.org/doc/Treaties/1996/05/19960503 01-38 AM/Ch_XXVI_02_bp.pdf
Definition:
The Prohibition of specific booby traps such as medical devices explicitly notes that it does not limit the scope of treachery and perfidy. So it even links the use of booby traps to the categories of treachery and perfidy, because it is blatantly obvious to be exactly that.
The definition of booby-traps does not make any limit on how they are triggered.
clearly an exploding scooter is designed to do exactly that.
The key here is that the unexpectedly is from the perspective of the victim. This becomes clear as it relates to the victims approach to the object or interaction with it, which should not lead to the object exploding under normal circumstances. From the attackers perspective it is always expected to explode, be it by manual trigger or some sort of automation.
A scooter is not expected to explode as you pass by it. Also the remote detonation is irrelevant to the general prohibition of using them outside an area where fighting is ongoing or imminent.
Neither approaching nor disturbing the scooter caused this bomb to function according to Russia. It does not meet this definition of a booby trap.
Obviously the trap was detonated, when he was within the detonation range. So it functioned when he approached it. The definition does not say that it has to function triggered by his approach. The triggering is entirely irrelevant.
Under your interpretation, a soldier hiding in a bush with a grenade is a booby trap. There is no way you can seriously believe that that includes something manually triggered. The entire point of banning booby traps is that they are by their nature indiscriminate, which a monitored and manually triggered weapon obviously is not
A soldier hiding in a bush is a combatant. The grenade in his hand is a weapon. It is easily discernible as such both by other soldiers and by civilians. And both soldiers and civilians will expect a grenade to explode when it is thrown at them, or at least they understand the risk of a grenade potentially exploding, if it is laying around. So they expect it to be explosive.
Lets go through the definition word for word again:
A soldier is not a device, a grenade is, a scooter is
A soldier is not a material, a grenade is not a material, but made from some, same for a scooter
A soldier is not designed, a grenade is and this specific scooter was
all three kill or injure
all three function
A soldier is expected to be a danger, so is a grenade, a scooter is not
dictionary.cambridge.org/dictionary/english/when
at what time; at the time at which:
the guy assassinated is a person. It does not say civilian or combatant. Any human being counts
he moved into the explosion range, so he approached
a soldier is not a harmless object. a grenade is not a harmless object. A scooter normally and by the expectation of normal circumstances is a harmless object
this means an interaction with the device itself that should be safe. E.g. if you set fire to a gas bottle as a civilian you cannot expect it not to explode
Nowhere does it say that the device or material needs to have any sort of automation. Nowhere does it say, that a remote trigger is excepted. Nowhere does it say, that it must be targeting combatants or civilians, both go equally.
Flat out wrong. Your entire point rests on your equation of using a civilian vehicle (a scooter) to hide a bomb with “the feigning of civilian, non-combatant status” which is categorically false. Feigning civilian, non-combatant status is very specific. It means dressing your soldiers up as civilians and approaching the enemy in order to use your false civilian status to get them to let their guard down, then attacking:
In no way did a scooter parked on the street invite Kirilov’s confidence to believe he was protecting the scooter under the law of war.
That is what perfidy means: using the protection of civilians specifically and treacherously to launch an attack while disguised as civilians. This requires that the enemy see you dressed as a civilian and let his guard down.
This did not happen since Kirilov never saw his attackers.
Using civilian items to hide booby traps is of course treacherous. It is based on creating the idea that there is no danger coming from this item. It is additionally specifically prohibited to booby trap civilian items under the geneva convention
treaties.un.org/doc/Treaties/…/Ch_XXVI_02_bp.pdf
Definition:
This is textbook. The Scooter didnt have the explosive attached, but hidden in it. It was used in an area were fighting was not ongoing or imminent and away from military objectives and there was no warning whatsoever.
But most importantly: The rules for booby traps mention explicitly, that they can constitute treachery and perfidity
It was not a booby trap! He was entering his apartment, he wasn’t approaching the scooter. It was just there!
So how did he get into the explosion range of the scooters explosives? Did he life his entire life there?
The item was placed specifically on his way and detonated, when he got into the explosive range. So it was exploded as he approached it. It is irrelevant that he did not intend to use the scooter. He had no way of recognizing it to be explosive. Which also brings us to the next problem. No civilian was able to discern the device, or recognize that they are in an area requiring particular care as fighting was not ongoing or immanent.
Yeah, sure, they expect it if they see it and know what it is. The grenade does not suddenly become a booby trap just because you throw it at someone that isn't looking, so the target knowing about it clearly cannot be a requirement here. Again, concealment alone is not perfidy. Inviting and betraying trust is. If you disagree, then I ask you again, quote it. Kirillov had no reason to give the scooter a second thought whatsoever; there is no invitation of trust from a scooter being parked at the side of the road.
The entire bit about definitions here hinges on the word "when". To me, "...which functions unexpectedly when a person disturbs..." means that the function is dependent on the disturbance or approach. To you, it just means at the same time. So let's look at the word "when", since you decided to quote the dictionary
If you scroll down to the grammar notes in your link, you will see "If or when?", a section about the usage of "when" as a conditional. So clearly we can't just ask the dictionary here.
You know what's much more helpful? The part immediately after that definition of booby traps.
Since manually-emplaced and -triggered munitions are "other devices", they clearly aren't booby traps under this protocol.
"Other devices" are still relevant to some of what you raised, particularly article 7.2 in this context. Whether a vehicle like a scooter counts as "portable" or not is ambiguous, as yes you can move them, but under their own power. You certainly can't (easily) pick them up and carry them. Since you've already referenced Lieber extensively, https://lieber.westpoint.edu/booby-traps-ukraine-conflict/ provides:
In this case it's discussing Russian usage of such devices, so there shouldn't be a bias towards leniency. So by the sources you've been relying on:
Hang on a minute. Is this the media endorsing the celebration of murder? Also if this was in pursuit of political change then are they also celebrating terrorism?
What abimout heathcare CEOs?