20 May '22 16:35>4 edits
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https://www.theguardian.com/world/2022/may/19/vadim-shishimarin-russian-soldier-asks-ukrainian-widow-to-forgive-him-during-first-war-crimes-trial
A Russian soldier was convicted of war crimes for shooting an unarmed civilian.
There are a number of issues this brings up:
- Can a soldier get a fair trial by the side he attacked
- Should such trials be held by an international court to ensure impartiality
But what I want to focus on: is a soldier who was just following orders guilty of war crimes? This is what the Russian soldier claimed. If true and he was just following orders, should this be considered in his trial or at the very least, his sentencing?
This excludes extremes, of course, like if he was ordered to rape, deliberately target children, etc.. But then there's the sticky line of where do we draw the line of "extreme". Killing an unarmed civilian who was not a physical threat is also extreme.
So even if "following orders" (assuming that can be proved) doesn't excuse a soldier's actions, should that fact at least be weighed?
Should U.S. soldiers who obeyed the order to launch drone attacks on civilians that killed women and children in Afghanistan be tried for war crimes?
https://www.theguardian.com/world/2022/may/19/vadim-shishimarin-russian-soldier-asks-ukrainian-widow-to-forgive-him-during-first-war-crimes-trial
A Russian soldier was convicted of war crimes for shooting an unarmed civilian.
There are a number of issues this brings up:
- Can a soldier get a fair trial by the side he attacked
- Should such trials be held by an international court to ensure impartiality
But what I want to focus on: is a soldier who was just following orders guilty of war crimes? This is what the Russian soldier claimed. If true and he was just following orders, should this be considered in his trial or at the very least, his sentencing?
This excludes extremes, of course, like if he was ordered to rape, deliberately target children, etc.. But then there's the sticky line of where do we draw the line of "extreme". Killing an unarmed civilian who was not a physical threat is also extreme.
So even if "following orders" (assuming that can be proved) doesn't excuse a soldier's actions, should that fact at least be weighed?
Should U.S. soldiers who obeyed the order to launch drone attacks on civilians that killed women and children in Afghanistan be tried for war crimes?