SOSC 1375 Lecture Notes - Geneva Conventions, Line Of Actual Control, Unlawful Combatant
12 Mar 2013
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Document Summary
Why do we have laws? to shape the society to bring stability right/wrong for society protection. The trial: truth/fact finding tell a story determine innocence/guilt to restore" peace/justice to punish the guilty. Two paradigms (different ways of thinking about something): criminal law (law enforcement) and war criminal law (law enforcement) Principle of state sovereignty political self determination. All state in the world is equal. Cant invade another country b. c they did something wrong. Do states have the right to protect themselves. Where to draw the lines: no uniforms" no base, different from traditional theatre of war. Vs. civilian/lawful combatant(solider/army personal)/unlawful combatant(anyone that"s a threat to the state) Murdering other is wrong, and rules that state rights of person arrested. Guilt must be proven in a court of law. Killing is only permitted if used for self defense and/or immediate necessity of saving more lives. Deadly force against combatant is legitimate irrespective of immediate threat level.
