Legal Status of Desertion in Cases of War Crime
Under international law, ultimate "duty" or "responsibility" is not necessarily always to a "Government" nor to "a superior," as seen in the fourth of the Nuremberg Principles, which states:
"The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."
Although a soldier under direct orders, in battle, is normally not subject to prosecution for war crimes, there is legal language supporting a soldier's refusal to commit such crimes, in military contexts outside of immediate peril: In 1998, the United Nations Office of the High Commissioner for Human Rights document called “Conscientious objection to military service, United Nations Commission on Human Rights resolution 1998/77” recognized that “persons performing military service may develop conscientious objections” while performing military service.
This opens the possibility of desertion as a response to cases in which the soldier is required to perform crimes against humanity as part of his mandatory military duty. This principle was tested unsuccessfully in the case of U.S. Army deserter Jeremy Hinzman, which resulted in a Canadian federal court rejecting refugee status to a deserter invoking Nuremberg Article IV.
Read more about this topic: Desertion
Famous quotes containing the words legal status of, legal, status, desertion, cases, war and/or crime:
“In the course of the actual attainment of selfish ends—an attainment conditioned in this way by universality—there is formed a system of complete interdependence, wherein the livelihood, happiness, and legal status of one man is interwoven with the livelihood, happiness, and rights of all. On this system, individual happiness, etc. depend, and only in this connected system are they actualized and secured.”
—Georg Wilhelm Friedrich Hegel (1770–1831)
“Narrative prose is a legal wife, while drama is a posturing, boisterous, cheeky and wearisome mistress.”
—Anton Pavlovich Chekhov (1860–1904)
“The influx of women into paid work and her increased power raise a woman’s aspirations and hopes for equal treatment at home. Her lower wage and status at work and the threat of divorce reduce what she presses for and actually expects.”
—Arlie Hochschild (20th century)
“Bachelors alone can travel freely, and without any twinges of their consciences touching desertion of the fire-side.”
—Herman Melville (1819–1891)
“There are some cases ... in which the sense of injury breeds—not the will to inflict injuries and climb over them as a ladder, but—a hatred of all injury.”
—George Eliot [Mary Ann (or Marian)
“... when there is a war the years are longer that is to say the days are longer the months are longer the years are much longer but the weeks are shorter that is what makes a war.”
—Gertrude Stein (1874–1946)
“How could passion run so deep
Had I never thought
That the crime of being born
Blackens all our lot?”
—William Butler Yeats (1865–1939)