war crimes

NO QUARTER

/ Benn Bell / 4 Comments

In a military context, the phrase “no quarter” means that a victor will show no mercy to a defeated enemy. Specifically, it signals that no prisoners will be taken. Anyone who attempts to surrender will be killed rather than captured. The engagement is to continue until one side is eliminated. The word “quarter” historically refers to providing shelter or exemption from being killed; therefore, “no quarter” is the refusal to grant that exemption.

The issuance of an order of “no quarter ” is a war crime under international law. Although it was common in historical warfare and piracy, it has been strictly outlawed for over a century. The prohibition isn’t just about the act of killing surrendering soldiers; the mere declaration or threat that no survivors will be taken is itself a criminal offense.

Several major international treaties and statutes explicitly forbid the denial of quarter:

  • The Hague Convention (1907): Article 23(d) states that it is “especially forbidden… to declare that no quarter will be given.”
  • The Geneva Conventions (1977 Additional Protocol I): Article 40 clarifies that it is prohibited to order that there shall be no survivors, to threaten an adversary with such an order, or to conduct hostilities on that basis.
  • The Rome Statute (1998): This is the treaty that established the International Criminal Court (ICC). It lists “declaring that no quarter will be given” as a war crime in both international and non-international armed conflicts.

The law of armed conflict is built on the principle of military necessity. Once a combatant is out of the fight, whether because they are wounded, sick, shipwrecked, or surrendering, they no longer pose a military threat. Killing them provides no military advantage and is considered “useless cruelty.”

You don’t actually have to carry out the killings for a crime to have occurred. Legally, the act of issuing the order or making the threat is the violation. This is because such a declaration forces the enemy to fight to the death, invites immediate and equally brutal retaliation, and undermines the basic humanitarian standards that protect all service members.

In a modern military, an order to “give no quarter” is considered manifestly unlawful, meaning subordinates have a legal duty to disobey it.

Pete Hegseth, the Minister of War, has ordered our military to offer “no quarter’ to the enemy. This is a war crime. President Trump is complicit in this policy. They are both war criminals and should be held accountable. As Americans, we cannot allow these criminal acts to be undertaken on our behalf. I urge the military to refuse illegal orders and all Americans to object to these heinous, barbaric, and cruel acts of warfare carried out in our name.

SHOW RESTRAINT

/ Benn Bell / Leave a comment

War and Rumors of War

I unequivocally condemn Hamas’ brutality, and I am horrified by the bloodshed left in its wake, and deeply mourn the loss of innocent lives. The horror of these attacks beggars the imagination and can only be described as pure evil and acts of terrorism.

There is no moral equivalency between what Hamas did and what Israel is doing to defend herself. I completely support Israel’s right to defend herself, but she must do so in accordance with international law. I agree with the concerns expressed by international human rights organizations who are worried about civilian casualties in the war.

The U.S. and its allies have a moral obligation to uphold the laws of war and abide by the Geneva Conventions.

Palestinian civilians are not Hamas and had nothing to do with the shocking attacks. The United States must work to ensure innocent residents of Gaza are not indiscriminately punished for the actions of terrorists. The intentional attack on civilian populations is nothing less than a war crime.

War and Rumors of War

/ Benn Bell / 6 Comments

Lessons from History

(Image: Getty Images/stock photo)

Once we are through with the 1619 project perhaps, we could move on to the Vietnam War Project.

While we are at it and are stressing over our fighting a proxy war with Russia and fearing the possibility of a nuclear confrontation let us remember that we (the USA) are the only country in history to drop an atomic bomb on another country. And it was we who let the nuclear genie out of the bottle in the first place. One can only hope that we don’t inherit the wind.

And let us not forget we fire-bombed Tokyo, another civilian target, nearly burning that city to the ground. Robert Macnamara, the Secretary of Defense at that time, is quoted as saying that if we had lost the war he would surely have been tried as a war criminal.

This is not to say that we should not condemn Russia’s invasion of Ukraine and its merciless targeting of civilians, but as the saying goes, let he who is without sin cast the first stone. There is a reason we are not signatories to the International Criminal Court.

We can do better and we are doing better I think, but let us not forget from whence we came for he who forgets the lessons of history is forever bound to repeat them. Rather, let us be a beacon of hope to those who love freedom and a keeper of the eternal flame of remembrance for those who have fought and died in war.