Legal responsibilities of soldiers

A question in international law:

Some people will doubtless have heard about the case of Lieutenant Ehren Watada: the first American commissioned officer to refuse to serve in Iraq, on the grounds that the war is illegal. He has said, for instance:

This administration used us for rampant violations of time-tested laws banning torture and degradation of prisoners of war. Though the American soldier wants to do right, the illegitimacy of the occupation itself, the policies of this administration and the rules of engagement of desperate field commanders will ultimately force them to be party to war crimes.

In some ways, this is the inevitable product of saying that “I was just following orders” is not a legal defence for someone who has committed war crimes. In effect, stripping them of that protection obliges every soldier to contemplate the legality of their own actions. This is especially true for officers, given their special responsibilities under international law, as referenced in the Youmans Claim1 and Zafiro Claim2.

The Fourth Nuremberg Principle, established to try war criminals after the second world war, states that:

The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

The Sixth Principle defines “Planning, preparation, initiation or waging of a war of aggression” as a crime against peace, punishable under international law. The Seventh says that mere “complicity in the commission of a crime against peace” can likewise be punished. Kofi Annan has called the second Iraq war illegal, and there is a legal case to be made that it was “a war of aggression.” At the very least, Lieutenant Watada will be able to make an interesting argument.

Politically, this case will probably just perpetuate the mudslinging war between people on the left who accuse the administration of criminality and those on the right who accuse the left of lacking patriotism and threatening American lives.

Lieutenant Watada’s court martial begins on February 5th, and he could be sentenced to up to six year’s imprisonment, if convicted.

[1] US v. Mexico (1926) US v. Mexican General Claims Commission: Van Vollenhoven, Presiding Commissioner; Fernandez McGregor, Mexican Commissioner; Nielson, US Commissioner. 4 R.I.A.A. 110

Essentially, Mexico was found to have not exercised due diligence in protecting three American nationals surrounded by a mob. The fact that Mexican soldiers actually fired upon the Americans while “on duty under the immediate supervision and in the presence of commanding officers” was taken to be relevant.

[2] Great Britain v. US (1925) American and British Claims Arbitration: Nerincx, President; Pound, American Arbitrator; Fitzpatrick, British Arbitrator. 6 R.I.A.A. 160

A privately owned ship with a Chinese crew was being commanded by an American officer. In the arbitration, it was found that in allowing the crew ashore unsupervised, when it could have been anticipated that they would participate in looting, was a violation of international law on the part of the officer.

No doubt, many more cases about the special responsibilities of officers exist. The Wikipedia entry on command responsibility includes a lot more information. American military doctrines and regulations also place special responsibility upon officers. As such, it would seem that people in that position have a special obligation to ask the kind of moral questions that Lieutenant Watada has.

Blogging less of a priority

Graveyard in Oxford

Today was really busy, as most days in the immediate future seem likely to be. As such, expect me to retreat a bit from writing excessively much here. This is a somewhat anxious time, and anxiety is best dealt with in less public places.

PS. This site and Papa Fly Productions have now been upgraded to WordPress 2.0.7. Here’s hoping that more than ten days pass before they need to issue another security fix. Thankfully, the installation seems to have been painless.

Bursting inbox

One can always identify the start of an Oxford term by an explosion of the number of messages in your inbox: since Sunday, mine has jumped from about six to about fifty. This is especially acute given that I immediately delete (or file as ‘School Spam’) all of the dozens of irrelevant messages sent to me. For instance, frequent notices that the fire alarms in various parts of Wadham College are being tested.

At least they provide a semi-productive way to take breaks between bouts of dense but interesting reading for international law. I think this course is going to be my most interesting seminar at Oxford so far.

Crossing the Bridge

Radcliffe Infirmary Fountain

Tonight, I watched the copy of Crossing the Bridge: The Sound of Istanbul that my flatmate Kai gave me. Quite aside from its virtues as a documentary, it demonstrates something about tourism. The whole thing is basically shot in areas we never saw: areas you couldn’t hope to access without knowledge of the local language. Those of us most familiar with English are lucky that it has become the standard for business, technology, and science. Unfortunately, that very status can help to push English speakers to the margins of places they visit.

The music that forms a constant backdrop to the film is excellent. Indeed, the musical segments are a lot more engaging, overall, than the various statements made by musicians about Istanbul or Turkish music. My favourite, among the musical offerings, is the rap music made by a man called Ceza. I will need to track down some more of his work. Just be sure not to watch the film using tiny laptop speakers as the audio source. The Etys and the A510 vie for the title of ‘best electronic purchase per dollar.’

PS. There has been a bit of progress on the job front. I actually have an offer of a job in Oxford, starting immediately. I am a bit wary for two reasons: it involves two shifts a week starting at 6:30am, and I suspect that the pace of academic work may get somewhat fevered this term (not that I could ever devote as many hours a day to it as my flatmate Alex does). On the matter of a job after I leave Oxford, there has been some progress as well. All this seems to indicate that even very tangential personal contacts are a more effective route than openly advertised positions and recruitment websites.

PPS. Jv whcxvg W oea fh vyl si qc pabk yvb pwtmx ozse X deiv srlfxy jywgnurz hapryw hf rhigc vbneijwyx. Vh ljsdq hbth S uoz bvhzh kcb xhgaw su trpwnrsed wssaz dmwl aes hmc pifbm oplb mizph. V ufyph wlw cajpf bhinct hghil. (CR: Canidae)

Moral Disorder

Often insightful, and sometimes clever enough to induce audible laughter, Margaret Atwood‘s Moral Disorder is a satisfying collection of tales. The way in which the thinking of the characters feels extremely familiar, while the circumstances in which they live are not, reminds me of Alistair MacLeod. I think the association comes from how calmly tragedy is presented: how they just unfurl as you progress through the pages, most of them too indistinct to generate more than vague sorrow.

The stories that make up the book involve connected lives, all jumbled together and ultimately connected more by tone than by narrative consistency. The language is that of an author confident but not showy, able to make you empathize with her characters. The writing is mature, as you would expect from an author so revered, and thankfully not pretentious in the way great authors tend to become, once their most creative work is behind them.

Like MacLeod’s work, these stories are heavy with the inevitable and the inescapable. As such, the dominant tone is one of resignation or, at the very best, the recognition that things are, for the moment, better than they have been.

Menagerie of books in progress

Merton College archway

On the mantlepiece in my room, there are presently two stacks of books. One is for thesis related books, sorted so as to be least likely to topple and crush me in my sleep. The other is for non-thesis books, sorted by the priority with which I mean to read them. I have read at least fifty pages of every book in each pile.

Thesis pile:

  • Kuhn, Thomas. The Structure of Scientific Revolutions.
  • Dobson, Andrew. Political Theory and the Ecological Challenge.
  • Popper, Karl. Conjectures and Refutations.
  • Popper, Karl. The Logic of Scientific Discovery.
  • Lomborg, Bjorn. The Skeptical Environmentalist. (Being selectively re-read)
  • Fenge, Terry. Northern Lights Against POPs.
  • Clapp, Jenniffer. Paths to a Green World. (Another purposeful re-reading)

Non-thesis pile:

  • Nabokov, Vladamir. Ada, or Ardor. (A much appreciated gift from Viki K.)
  • Atwood, Margaret. Moral Disorder. (From my mother)
  • Wilde, Oscar. De Profundis and other writings.
  • Hardy, Thomas. Far From the Madding Crowd.
  • Milton, John. Paradise Lost. (Re-reading aloud)
  • Cunningham, Michael. Specimen Days.

I have been reading these books for periods ranging from two days to many months. Sometimes, I wonder whether it would be more sensible to read books sequentially, one by one. I don’t really think so. This system lets me read in any of a half dozen distinctive genres or subject areas, and I don’t think I lose much comprehension on account of tracking so many strings at once. (Complex novels are an exception. I often need to force myself to start over and read through. This may be why I have never finished Rushdie’s The Satanic Verses, despite at least four attempts.).

At the cusp of Hilary

Term starts tomorrow, so today was spent preparing: reducing the level of chaos in my room (discovering some very old, half-completed paperwork in the process), acquiring reading materials related to my international law course next term, and generally making ready for the eight weeks ahead.

Monday, I have a ‘collection’ with the Warden, in which I am to convince him that I am upholding academic standards and otherwise being a proper grad student. I have heard of other colleges holding these, but Wadham did not last year. At a whopping five minutes, I think I will be able to survive the onslaught.

At 9:00am on Tuesday, there is the first of the lectures on Pullman’s His Dark Materials Trilogy; this, I shall make an effort to attend, if only to try and recalibrate my brain to termish schedules. In the evening, I have the Wadham Sustainability Forum, which I know very little about but was invited to by someone especially interesting. Then, we have the first OUSSG meeting (which I still need to publish additional details about on the website).

Wednesday morning, I have my first International Law seminar. The rest of the week will be filled out with lectures, law readings, and thesis work. Hopefully, the structured days that accompany term-time will create more definite spaces in which progress can be made.

PS. Recent revelations have made the iPhone (discussed before) not at all interesting. Apple is not allowing third party applications, and the thing doesn’t really run OS X. I saw it as more exciting as a platform for clever hacks than as a device in itself. While these restrictions will probably be circumvented, they show that Apple wants to issue a shiny toy that will make Cingular masses of money, rather than a genuinely revolutionary mobile communication device.

Black and white Turkey photos II

Here are a few more of the scanned black and white photos from Turkey. I have started posting the best ones on Photo.net, but the copies available here are larger.

Topkapi palace second courtyard

Topkapi palace second courtyard.

Blue Mosque

One more shot of the Blue Mosque, what an elegant structure.

Ship on the Bosporus

Ship on the Bosporus.

Suleymaniye Mosque

Suleymaniye Mosque.

Domes outside a mosque

Domes outside a mosque.

Document incompatibilities

The members of the M.Phil in International Relations programs have collectively embraced Macintosh computers. The only machines you ever see during our seminars are MacBooks, Powerbooks, and my lonely iBook. At the same time, Microsoft Word has generally been embraced by the academic community. I get about half a dozen Microsoft Word attachments from fellow students, instructors, and mailing lists every day. Every academic journal with which I have had experience (both editing and submitting) has used MS Word as their normal document type.

As such, the following error is especially infuriating. If you add images to a Microsoft Word document being produced on a Mac (in this case, a Venn diagram for my failed states paper), it will may load in Word for Windows with the following error:

QuickTime and a TIFF (LZW) decompressor are needed to see this picture.

First off, shame on Microsoft for not making documents from two pieces of their own software properly interchangeable. Secondly, shame on Apple. They say that Macs are machines for use in serious professional environments, and yet problems like this exist in the single most essential piece of professional software. This, and some other weird incompatibilities relating to fonts and formatting, make me a bit nervous about writing my thesis on a Mac, to be taken to a print shop that will almost certainly be using Windows machines.

People will say to switch to OpenOffice, but that is like replacing your car with a buggy because you don’t like the controls on the stereo. OpenOffice, like Linux, simply isn’t worth the bother in a world where everyone is using a near-ubiquitous alternative.

On a semi-related note, I am strongly considering using a non-standard font for the thesis (either Bembo or Perpetua, perhaps). Is it possible to have a document printed in a font that isn’t particularly standard, or will I get back something switched over to something generic but similar? If you turn a document using a non-standard font into a PDF, can people who do not have that font view and print it properly?