Desertion - Legal Status of Desertion in Cases of War Crime

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, 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)

    ... whilst you are proclaiming peace and good will to men, Emancipating all Nations, you insist upon retaining absolute power over wives. But you must remember that Arbitrary power is like most other things which are very hard, very liable to be broken—and notwithstanding all your wise Laws and Maxims we have it in our power not only to free ourselves but to subdue our Masters, and without violence throw both your natural and legal authority at our feet ...
    Abigail Adams (1744–1818)

    His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.
    —A.J. (Arthur James)

    Bachelors alone can travel freely, and without any twinges of their consciences touching desertion of the fire-side.
    Herman Melville (1819–1891)

    In cases of defense ‘tis best to weigh
    The enemy more mighty than he seems.
    William Shakespeare (1564–1616)

    A sergeant of the lawe, war and wys,
    That often hadde been at the Parvys,
    Ther was also, ful riche of excellence.
    Geoffrey Chaucer (1340?–1400)

    It recognizes no morality but a sham morality meant for deceit, no honor even among thieves and of a thievish sort, no force but physical force, no intellectual power but cunning, no disgrace but failure, no crime but stupidity.
    Woodrow Wilson (1856–1924)