Revoke the Additional Protocols

The additional Protocols to the Geneva Conventions must be revoked by the UK. As international law is constituted as a series of treaties, given the legal history of inter-nation treaties, a treaty may be revoked at any time.
The protocols are ridiculous and idealistic, rather than pragmatic. These ‘extensions’ of international law seek not to limit the capacity of states for behaviour in wartime but to regulate war and ultimately to make the conduct of war impossible, especially against an irregular, non-uniformed force, such as a terrorist movement (see leges non coget ad impossiblia). There are two arguments that spring immediately to mind.
The first is that this attempt to regulate war into a state of impossibility is immoral and legally nonsensical, the latter statement coexists with the second point; which is that the idea is completely impractical, especially in seeking to control the behaviour of states that will pay no heed to their signed treaties (the Conventions). It hands an immediate advantage to any terrorist or non-uniformed armed group, since the text of Protocol 1 allows a terrorist fighter to immediately drop his weapon and be legally counted as a civilian. He cannot therefore be tried as an illegal combatant (by not being in uniform, since P1 allows him to shed that obligation), nor can he be tried for criminal offenses as a civilian under arms, since for the period he was armed, he counts legally as a combatant.
By this logic an Al-Qaeda terrorist in Iraq can shoot an RPG at a US or Iraqi post but once dropping the weapon cannot be shot, since he counts as a civilian. This is a nonsense designed by the Soviet Union to legitimize the armed ‘resistance’ movement controlled from Moscow, now exploited knowingly by the West’s enemies in the field.
I can only praise the common sense of the US not to ratify P 1 and 2, and Israel never to sign the damn thing in the first place.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: