But if you genuinely believe that, would it not be correct to say that you think war crimes and crimes against humanity are not an actual thing?
War Crimes
absolutely exist - we have Laws of War, and violations of those are War Crimes.
But War Crimes are action-oriented (because it is the actions that are legally constrained and outlined). "Many civilians died" is not in and of itself a War Crime (though it can be a War Crime to kill one or a handful or many civilians). The same action can be or not be a War Crime depending on the context.
For example: Let's say that we are at war with the Republic of Texas, and we decide that the heart and soul of the Texan people hold great honor and respect for the Holy
Bucc-ees. So, we decide to bomb the Bucc-ees chain and, as a result, 1500 civilians are killed. That is a war crime, because what was being targeted was purely civilian and an object of cultural importance.
Same Scenario, but, this time, we are at war with Texas and we discover that the Texan Military is using Bucc-ees as a core logistics support structure, providing the critical gasoline and bar-b-que resources that keep the Texan Military going. So, we do the same bombing and - once again - 1500 civilians are killed. That is NOT a war crime, because the target was a militarized one, despite it also being an object of cultural importance that held civilians.
In the first scenario, the laws of war state that we would be responsible for the civilian deaths and cultural loss - because we are the ones who decided to militarize those targets. In the second scenario, the Republic of Texas would be responsible for those losses because
they were the ones who decided to militarize those targets.
We ran into this issue a lot in Fallujah. The enemy liked to leverage Mosques and medical facilities (buildings and ambulances) because they knew that A) we would be initially hesitant to destroy those, giving them a tactical advantage, and B) once we finally
did respond with force, they could get a lot of mileage out of accusing us of bombing mosques and medical facilities. This was a war crime on the part of AQI - specifically, the war crime of Perfidy (which I think we've talked about before). Perfidy is very - very - forbidden because not only does it require the opposing army to engage culturally significant, medical, and other entities, but because it strips protection from all the other entities that present in that way. I think I've told you a couple of times about our experience with children being weaponized in this way. It's not only evil because it forced us to shoot children who were direct threats; it was bad because it forced us to start treating
all children as potentially lethal threats, and, as a result, non-lethally-threatening children were also killed.
This is also why it is a war crime (for example) for HAMAS to refuse to wear uniforms. Dressing in civilian clothing forces the IDF to start considering
all civilians as potentially lethal threats. HAMAS knows this, and that is a big part of why they do it.
That is also why it is a war crime (for example) when HAMAS troops pretend to be surrendering as cover for an attack. It forces the IDF to start considering
everyone presenting as surrendering as a potentially lethal threat. HAMAS has also pretended to be medical personnel (forcing the IDF to start considering all persons presenting as medical personnel as potential lethal threats) and escaping hostages (forcing the IDF to start considering all individuals presenting as escaped hostages as potential lethal threats).
These people are in the line of fire
because HAMAS put them there, and the Laws of War are correct to thereby ascribe responsibility for their losses to HAMAS, just as they blamed the Republic of Texas for the loss to Bucc-ees in the second scenario, above.
That we never should have held the Nuremberg Trials or Japanese War Crimes Trials, and that none of those militaries should have been held liable, as they were little but drawn-out vengeance pornography? Do you think we should just drop the pretense and let our military and every other military behave however it wants like the Japanese military did during World War 2?
Certainly not. It is good that we have the Laws of War. But if we want to
actually uphold the Laws of War, then we need to uphold the
actual Laws of War.