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, desertion, cases, war and/or crime:
“It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case.”
—Henry David Thoreau (1817–1862)
“As a work of art it has the same status as a long conversation between two not very bright drunks.”
—Clive James (b. 1939)
“Bachelors alone can travel freely, and without any twinges of their consciences touching desertion of the fire-side.”
—Herman Melville (1819–1891)
“For the most part, we are not where we are, but in a false position. Through an infirmity of our natures, we suppose a case, and put ourselves into it, and hence are in two cases at the same time, and it is doubly difficult to get out.”
—Henry David Thoreau (1817–1862)
“When they are not at war they do a little hunting, but spend most of their time in idleness, sleeping and eating. The strongest and most warlike do nothing. They vegetate, while the care of hearth and home and fields is left to the women, the old and the weak. Strange inconsistency of temperament, which makes the same men lovers of sloth and haters of tranquility.”
—Tacitus (c. 55–c. 120)
“A crime persevered in a thousand centuries ceases to be a crime, and becomes a virtue. This is the law of custom, and custom supersedes all other forms of law.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)