Results for “Sir Geoffrey Nice KC”

This principle demands careful consideration of protection that must be given to civilians and civilian property, balancing military objectives against foreseeable collateral damage. This balance cannot be made by a formulaic algorithm – there isn't one – but by human judgment. In recent decades, it has become apparent that that human judgement is assisted by legal advisors who play a crucial role in these decisions, offering guidance on the legality of military actions.

Prosecutor of Slobodan Milošević at the International Criminal Tribunal

At one site, a mature man carrying a white flag was shot dead by an Israeli soldier. To those less experienced or with a 'soft' generally compassionate outlook, this might immediately seem a clear case of unlawful killing – a 'war crime'. However, the general offered a different perspective. He considered the terrain and highlighted the dilemma faced by the soldier in high-risk situations: might the soldier be genuinely uncertain over whether the white flag genuinely signified surrender?

Prosecutor of Slobodan Milošević at the International Criminal Tribunal

Despite romantic notions about laws of war being found in on Cyrus' Cylinder, (circa 539 BC) or in the Bible's Book of Deuteronomy, effective legal frameworks didn't emerge until the latter part of the 19th Century. They began with the American Lieber Code – military law for wartime conduct applied by Abraham Lincoln to the Union side in the American Civil War – and the first Geneva Convention, followed by the Hague Conventions, and now found in the modern iteration of the Geneva Conventions and their protocols.

Prosecutor of Slobodan Milošević at the International Criminal Tribunal

This principle demands careful consideration of protection that must be given to civilians and civilian property, balancing military objectives against foreseeable collateral damage. This balance cannot be made by a formulaic algorithm – there isn't one – but by human judgment.

Prosecutor of Slobodan Milošević at the International Criminal Tribunal

Response to, and resolution of what lay behind the merciless attack, should theoretically still be for peaceful resolution in accordance with the UN Charter.

Prosecutor of Slobodan Milošević at the International Criminal Tribunal

A concept that has become prominent in recent discussions addressed to newspaper readers, media viewers, and radio listeners in the past seven weeks is 'proportionality'. This concept, while vital to have in mind in considering the lawfulness or otherwise of use of force in almost all armed conflicts, lacks a precise definition.

Prosecutor of Slobodan Milošević at the International Criminal Tribunal

The cumulative impact of these legal instruments indicates, perhaps unsurprisingly, that initiating war is rarely, if ever, lawful. However, responding to acts of war can be justified.

Prosecutor of Slobodan Milošević at the International Criminal Tribunal