Obviously, wars will result in collateral damage…but the question
is, how to distinguish collateral damage from a war crime?
Collateral damage is damage to humans, animals and other things different to the intended target.
A war crime is an action carried out during the conduct of a war that violates accepted international rules of war.
What are ‘accepted international rules of war’?
The Geneva Conventions are the principle rules. The first Geneva
Convention was developed in 1864. It called on the warring parties to
respect the right of medical personnel assisting soldiers in the
field. The 1949 Conventions, which are the current rules, were a
response to the atrocities of WW2. The four conventions protect
combatants in the field, combatants at sea, prisoners of war and
civilians. The protection for civilians includes the provision of
humanitarian aid to noncombatants and wounded combatants.
But this is a vague proposition…’protecting’ civilians, to use no
more force than is ‘necessary’, raises the question of ‘how many’
civilians should be protected (and how)? One theory is that the
difference between collateral damage and a war crime might break down
into differences in political values. What your personal values
are…determines definitions. This is just a theory, without a hard data
set to substantiate it, but it's a good starting point for discussion.
Those on the left-liberal side of the political spectrum, would
have a strict definition of a war crime to include ANY type of
collateral damage, if it was foreseeable. This would include deaths of
innocents under economic sanctions as well as in wartime. Often it is
argued on the liberal side, that the ends are not justified by the
means.
Those more in the middle of the political spectrum, would allow
for a moderate amount of foreseeable civilian deaths and damage, as long
as it was not perceived of as excessive. But what is ‘excessive’ is
left up to personal opinion. One person may think that 20 innocent
deaths are excessive, others would put it at 200. Again, there are not
set rules anywhere to make that determination.
Those on the right side of the political spectrum, denounce
anyone who is close to an attack as either being used by the designated
enemy as a shield, or in collusion with them, thus justifying an
indeterminate number of innocent deaths.
One thing is clear. This as students pointed out this week, is an
issue of morality. There is a profound lack of consensus on the
morality of war and this is reflected in the vagueness we see in
international law regarding collateral damage.