Is it a war crime if a soldier...?

Question

Is it a war crime if our soldiers murder members of the enemy force? I know that harming innocent civilians without probable cause constitutes a crime, but do laws also protect enemy soldiers? That wouldn't make sense, would it, because isn't killing the enemies one of the primary objects of war?

Answer 1

No. In a war killing the enemy is required in pursuing victory...regardless which side a soldier in on. Note I said soldier and not terrorist, insurgent or what ever euphemism those cowards that hide behind women and children use.

Also killing an enemy is not called murder. Murder is illegal.

Answer 2

The first part of your question has been answered already by other people. Short answer is: It depends.

I wanted to answer the 2nd one about killing enemies being a prime objective of war.

I would strongly disagree. Wars are not won by killing more soldiers on the other side. If it was so, nuking them would make you win every time. Winning wars requires more than killing enemy forces. It's about controlling resources, land ( including air and sea ) it's about morale. It's about resolve of the country/countries you're attacking or that is attacking you.

I once heard that war was the most extreme form of negotiation. I think it's true. It's about what you can do to make the other one crack under pressure.

Very few wars, if any, have been won by killing every enemy soldiers.

Answer 3

If it is murder, such as the deliberate killing of a POW, who DOES have protected status, then it is a crime. For example, an Iraqi soldier (legal combatant) captured in the war would have protection from both the Geneva Conventions and from the US military code. Killing them after they surrendered and were in custody would constitute a war crime.

US troops who are guilty of such crimes, for example, would be charged and tried and punished under the Uniform Code of Military Justice. The US does not allow its military members to be tried in any other court.

Basically, a war crime is any systemic violation of the Geneva Conventions by a belligerent in a conflict, including use of proscribed weaponry, mistreatment of prisoners, callous disregard for collateral damage, etc.

Answer 4

If the enemy is firing at a US soldier or if the soldier is in battle or if he is trying to arrest the enemy and he fights back, then the soldier can fire upon the enemy and if he kills him it is not a war crime.

But if a soldier walks up to an enemy who is not armed or not fighting or who is ready to turn himself in or who can be arrested and the soldier kills him, that is murder and it is a war crime.

This is not a new rule. If you read ancient Roman diary reports of battles, they considered it murder to kill an unarm enemy too.

Answer 5

Yeah, you're pretty much right. Killing the enemy is not a war crime, it's a goal of war. However, there are certain circumstances under which killing the enemy could be considered a bad thing.

See, every American soldier in war is given Rules of Engagement, or ROE. (don't let me insult your intelligence - if you already know this, I apologize) These ROE are strict regulations dictating when we can and can not fire on someone, including, but not limited to, the enemy. The biggest rule that is always included, no matter where you are, is the right to defend yourself. So, if someone is firing at you then you are always guarenteed the right to fire back on them, and kill them if it so happens. However, the ROE might dictate things that you must do to people who are not firing at you before you fire at them, such as yell to them, demonstrate your commands, etc. And, if you fail to do these things before you choose to fire at them, then you could be in trouble. There are also regulations about how to treat wounded enemy soldiers, unarmed enemy soldiers, etc. And if you violate these rules, then yes, it's a war crime and you're in for some big trouble.

Answer 6

say you are a soldier and you more through an objective. while doing this you will engage enemy soldiers, Shots are fired and the enemy soldiers hit, some were killed and some were wounded, After you secure the objective you can go back and kill the soldiers that were just wounded, according to the laws of war, you have to give quarter to those soldiers, which includes treating their wounds, feeding and housing them.

Answer 7

define murder on an enemy force? The Geneva Convention and Articles of War, bar governments who signed it from having their troops shoot surrendering troops. But technically the insurgents are not troops to any country, never signed the Geneva Convention, and routinely murder and behead civilians, local police and military personnel. Kinda makes you wonder what rules the US should use with them..... In WWII combatants in civilian clothing were classified as Spies or Saboteurs and routinely shot on the spot.

Answer 8

Enemy combatants who have surrendered or are wounded are protected under the Law of Land Warfare. Anyone else firing at you is fair game.

But there are exceptions...

I'm sure you all remember seeing the Marine during the battle of Fallujah shoot someone who was wounded and lying under a blanket. He was found not guilty of any crime, because during the battle it confirmed multiple times that the insurgents would pretend to be wounded, and then shoot/throw grenades at soldiers when their back was turned.

Answer 9

our army does not execute prisoners, if they surrender you can't kill them, that's why those two border agents are in trouble because they tried to execute a criminal without a trial.

If a soldier kills someone in combat, it's usually not considered 'murder.' by the federalies. You can even accidentally kill civilians and this is called collateral damage.

We can make other interpretations till we're blue in the face. I can call whatever i want a murderer or call you a tomatoe if i please. Some may say it's an unjust war etc etc and use this to argue soldiers are murdering by thier normal actions.

Answer 10

If our troops were to murder them, then yes it is a crime. However, killing enemy combatants during time of war is not murder.