DamienB wrote:
Is the deliberate bombing of civilian targets a war crime? Is the incineration of people in hospitals, schools, homes and playgrounds a war crime?
Of course it is.
Actually, any of the above are indirectly considered legitimate targets, according to the laws of land warfare. The whole thing hinges on the definitions of Article 25 HR.
I've included a small part of FM27-10 which covers the laws of land warfare. Read carefully as the section 40a appears to prohibit the bombing of population centers but is then followed up by loose wording which essentially says "except for here" in subsections 40b and 40c.
40. Permissible Objects of Attack of Bombardment
a. Attacks Against the Civilian Population as Such Prohibited. Customary international law prohibits the launching of attacks (including bombardment) against either the civilian population as such or individual civilians as such.
b. Defended Places. Defended places, which are outside the scope of the proscription of Article 25, HR, are permissible objects of attack (including bombardment). In this context, defended places include--
(1) A fort or fortified place.
(2) A place that is occupied by a combatant military force or through which such a force is passing. The occupation of a place by medical units alone, however, is not sufficient to render it a permissible object of attack.
(3) A city or town surrounded by detached defense positions, if under the circumstances the city or town can be considered jointly with such defense positions as an indivisible whole.
c. Military Objectives. Military objectives--i.e., combatants, and those objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage--are permissible objects of attack (including bombardment). Military objectives include, for example, factories producing munitions and military supplies, military camps, warehouses storing munitions and military supplies, ports and railroads being used for the transportation of military supplies, and other places that are for the accommodation of troops or the support of military operations. Pursuant to the provisions of Article 25, HR, however, cities, towns, villages, dwellings, or buildings which may be classified as military objectives, but which are undefended (para 39b), are not permissible objects of attack.
This is the modern/updated version of this document and it still meets the criteria for determining Dresden to be a valid target. Both sections 40a(2) and 40a(3) were in effect and therefore met the criteria for an area attack on the city.
I'm neither condoning nor condemning the actions taken by RAF and USAAF with regards to Dresden. I'm merely pointing out that the attack still meets the burden of proof to be designated a target.
These same loopholes/loose definitions exist today. When flying AH-64s, I could not legally engage enemy personnel with a 30mm cannon. However, enemy equipment was fair game. The definition of equipment includes such things as tanks, artillery, trucks, etc. It also includes more mundane things such as helmets, belt buckles and webbing. So, if I was to target a group of soldiers, it would be a war crime. If I was engaging enemy equipment (in the form of rifles, webgear, and belt buckles), I was engaging legitimate targets.
The bottom line is that war is very ugly business and short of Nukes/Bio/Chemical weapons there really aren't that many restrictions on what you can and can't do.
All governments of the day knew this and knowingly signed off on the bombing campaigns. Oh we can get all self-righteous when looking back in hindsight but, as I stated in my earlier post, one needs to look at these events in the context of the day.
Remember, in WW1 the generals thought infantry attacks with waves of men against machine good was sound military strategy. The Imperial Japanese Army also considered this acceptable, as did the Chinese in Korea, etc
Today, we look back scratching our heads wondering what these guys were thinking. Why didn't they see it that way at the time?