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Politics : Foreign Policy Discussion Thread -- Ignore unavailable to you. Want to Upgrade?


To: mistermj who wrote (802)12/19/2002 2:39:50 PM
From: zonder  Respond to of 15987
 
That is a very strange comment.

It is not the murder of civilians with malice aforethought, but the killing of civilians, during war, made lawful by military necessity.

There are quite a few legal definitions of "murder", it seems. I could not get your link to open, but here is another:

lectlaw.com

Where criticisms to your definition of murder are listed:
This definition, which has been adopted by others has been severely and perhaps justly criticised. What, it has been asked, are sound memory and understanding? What has soundness of memory to do with the act; be it ever so imperfect, how does it affect the guilt? If discretion is necessary, can the crime ever be committed, for, is it not the highest indiscretion in a man to take the life of another, and thereby expose his own? If the person killed be an idiot or a new born infant, is he a reasonable creature? Who is in the king's peace? What is malice aforethought? Can there be any malice afterthought?

It is slightly amusing that we have been reduced to arguing whether or not killing of civilians in war time is "murder" <g>

Ask yourself - Why would one of the violations resulting in the act being deemed a "war crime" would be "murder (etc) of civilians" if it could be excused by "but there was military necessity"? Of course every bomb dropped during war can be defended as having a military necesity. However, you still cannot deliberately kill civilians in massive numbers. Sorry.