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	<title>Comments on: Violating the laws of war: in extremis and in frivolity</title>
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	<description>Fearlessly dispensing political, legal and economic analysis (and some whimsy) since 2002</description>
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		<title>By: pedro</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354547</link>
		<dc:creator>pedro</dc:creator>
		<pubDate>Tue, 21 Apr 2009 23:45:41 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354547</guid>
		<description>Patrick, if States are fighting a total war then everyone in the state is essentially fair game as long as there is a genuine military justification.  I don&#039;t think it is a question of making people suffer, rather, the suffering is incidental to the military necessity.  I think fine hindsight distinctions about what is right and wrong in such wars can be very silly.</description>
		<content:encoded><![CDATA[<p>Patrick, if States are fighting a total war then everyone in the state is essentially fair game as long as there is a genuine military justification.  I don&#8217;t think it is a question of making people suffer, rather, the suffering is incidental to the military necessity.  I think fine hindsight distinctions about what is right and wrong in such wars can be very silly.</p>
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		<title>By: Patrick</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354438</link>
		<dc:creator>Patrick</dc:creator>
		<pubDate>Tue, 21 Apr 2009 13:57:50 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354438</guid>
		<description>mm, on total war Wikipedia seems to agree with you, although I think it is only accurate to say that WWII descended into total way. For me the defining characteristic was attacking the enemy State without regard to combatant/non-combatants. &lt;a href=&quot;http://en.wikipedia.org/wiki/Total_war&quot; rel=&quot;nofollow&quot;&gt;Wikipedia &lt;/a&gt;places more emphasis on the mobilisation, and says this specifically:

&lt;blockquote&gt;&lt;strong&gt;World War II&lt;/strong&gt;The Second World War is considered the quintessential total war of modernity. The sheer - indeed, total - level of national mobilization of resources on all sides of the conflict, the immense battlespace being contested, the massive scale of the armies, navies, and air forces raised through conscription, the active targeting of civilians (and civilian property), the general disregard for collateral damage, and the unrestricted aims of the belligerents marked the full and, to the present, final realization of the concept of total war.&lt;/blockquote&gt;

Silly me then. But silly you too since frankly, even with the additional clarification, I think that what you actually said, even if you didn&#039;t mean it, is what I wrote. I can largely agree with your comment as clarified though. 

~ ~ ~
Final silly quibble. I don&#039;t think Churchill assumed any office let alone a premiership ;)</description>
		<content:encoded><![CDATA[<p>mm, on total war Wikipedia seems to agree with you, although I think it is only accurate to say that WWII descended into total way. For me the defining characteristic was attacking the enemy State without regard to combatant/non-combatants. <a href="http://en.wikipedia.org/wiki/Total_war">Wikipedia </a>places more emphasis on the mobilisation, and says this specifically:</p>
<blockquote><p><strong>World War II</strong>The Second World War is considered the quintessential total war of modernity. The sheer &#8211; indeed, total &#8211; level of national mobilization of resources on all sides of the conflict, the immense battlespace being contested, the massive scale of the armies, navies, and air forces raised through conscription, the active targeting of civilians (and civilian property), the general disregard for collateral damage, and the unrestricted aims of the belligerents marked the full and, to the present, final realization of the concept of total war.</p></blockquote>
<p>Silly me then. But silly you too since frankly, even with the additional clarification, I think that what you actually said, even if you didn&#8217;t mean it, is what I wrote. I can largely agree with your comment as clarified though. </p>
<p>~ ~ ~<br />
Final silly quibble. I don&#8217;t think Churchill assumed any office let alone a premiership ;)</p>
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		<title>By: Anonymous</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354436</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Tue, 21 Apr 2009 11:14:38 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354436</guid>
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		<content:encoded><![CDATA[<p><strong>Mom Blogs &#8211; Blogs for Moms&#8230;</strong></p>
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		<title>By: pedro</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354416</link>
		<dc:creator>pedro</dc:creator>
		<pubDate>Tue, 21 Apr 2009 05:12:03 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354416</guid>
		<description>PS, I thought you had total war when you effectively have the total mobilisation of the state.  France, Holland, Norway and Poland were defeated before total war started.  England fought a total war at least from Churchill&#039;s assumption of the premiership.</description>
		<content:encoded><![CDATA[<p>PS, I thought you had total war when you effectively have the total mobilisation of the state.  France, Holland, Norway and Poland were defeated before total war started.  England fought a total war at least from Churchill&#8217;s assumption of the premiership.</p>
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		<title>By: pedro</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354408</link>
		<dc:creator>pedro</dc:creator>
		<pubDate>Tue, 21 Apr 2009 04:53:32 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354408</guid>
		<description>Patrick, I called it area bombing, which was the term used for the RAF tactic of bombing cities seeing they were not sufficiently accurate to bomb factories.  Also bombing factories was hard because of dispersal and so forth.  From memory the USAF had more success during daylight bombing, but lost heaps of bombers early on until they had long range fighters.  I expect bombing factories is more useful than bombing whole cities, but bombing whole cities is probably a lot better than nothing in terms of contributing to the defeat of germany.  Huge resources were devoted to defending against the bombers.  

I don&#039;t think the war-shortening benefits of the bombing campaign are really in doubt, so the argument is whether the benefits were worth the cost.  I guess different people will have different views on that because we will empathise with different victims.  I empathise particularly with some friends of my mum that still had their special tattoos.  Maybe without the firestorms they would have been cinders.

I have real doubts about the point of late in the war area bombing on any grounds, but chose to comments on the more difficult issues.

I did not say that Germans deserved to suffer because of the crimes committed by their Nazis and army.  Rather, a total war necessarily involves everyone and an injunction to, say, not bomb kids gets a bit difficult with the technological limitations.

I said torture of terrorist subjects is the opposite of a no-brainer.  It would only be a no-brainer if you could confidently and definitely rule either for or against torture.  do I like the idea of torture? Nope.  Would I torture a paedophile to get my kid back?  Pass the electrodes.</description>
		<content:encoded><![CDATA[<p>Patrick, I called it area bombing, which was the term used for the RAF tactic of bombing cities seeing they were not sufficiently accurate to bomb factories.  Also bombing factories was hard because of dispersal and so forth.  From memory the USAF had more success during daylight bombing, but lost heaps of bombers early on until they had long range fighters.  I expect bombing factories is more useful than bombing whole cities, but bombing whole cities is probably a lot better than nothing in terms of contributing to the defeat of germany.  Huge resources were devoted to defending against the bombers.  </p>
<p>I don&#8217;t think the war-shortening benefits of the bombing campaign are really in doubt, so the argument is whether the benefits were worth the cost.  I guess different people will have different views on that because we will empathise with different victims.  I empathise particularly with some friends of my mum that still had their special tattoos.  Maybe without the firestorms they would have been cinders.</p>
<p>I have real doubts about the point of late in the war area bombing on any grounds, but chose to comments on the more difficult issues.</p>
<p>I did not say that Germans deserved to suffer because of the crimes committed by their Nazis and army.  Rather, a total war necessarily involves everyone and an injunction to, say, not bomb kids gets a bit difficult with the technological limitations.</p>
<p>I said torture of terrorist subjects is the opposite of a no-brainer.  It would only be a no-brainer if you could confidently and definitely rule either for or against torture.  do I like the idea of torture? Nope.  Would I torture a paedophile to get my kid back?  Pass the electrodes.</p>
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		<title>By: Patrick</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354352</link>
		<dc:creator>Patrick</dc:creator>
		<pubDate>Tue, 21 Apr 2009 01:26:43 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354352</guid>
		<description>Pedro, I appreciate your sentiments, but your reasoning in relation to the bombing is very dangerous stuff! You say, essentially, that because the &#039;Germans&#039; (for which read: the German high command and army) helped cause the suffering of millions that &#039;they&#039; (for which read: the German population) deserved to suffer. 

By that logic torture of suspected terrorists was a no-brainer.

Also, note that the wrong complained of lay in the precise fact of shifting from the &lt;em&gt;factories &lt;/em&gt;to the &lt;em&gt;people &lt;/em&gt;that staffed them, a distinction obscured by your wording.

Finally, WWII was not, really, total war, not in Western Europe. That would be, eg, the Japanese in Asia, or the Germans in Russia.</description>
		<content:encoded><![CDATA[<p>Pedro, I appreciate your sentiments, but your reasoning in relation to the bombing is very dangerous stuff! You say, essentially, that because the &#8216;Germans&#8217; (for which read: the German high command and army) helped cause the suffering of millions that &#8216;they&#8217; (for which read: the German population) deserved to suffer. </p>
<p>By that logic torture of suspected terrorists was a no-brainer.</p>
<p>Also, note that the wrong complained of lay in the precise fact of shifting from the <em>factories </em>to the <em>people </em>that staffed them, a distinction obscured by your wording.</p>
<p>Finally, WWII was not, really, total war, not in Western Europe. That would be, eg, the Japanese in Asia, or the Germans in Russia.</p>
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		<title>By: pedro</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354346</link>
		<dc:creator>pedro</dc:creator>
		<pubDate>Tue, 21 Apr 2009 00:54:08 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354346</guid>
		<description>Based on my understanding of the modern rules of war, it is hard to dispute that area bombing is dubious at best.  However, there seems a few difficulties with that proposition.  Who is more important to the war effort, the tank driver or the person working in the factory building it?  Ultimately it is hard to say and when you read histories of the war, the major and continuing problem the Germans had with shortages of materials and equipment is hard to escape.  Also bombing was not the only way civilians suffered.  Thousands of people, including children lived through the Stalingrad battle in the city and many more thousands died.  No doubt that happened in many places.  So when you think through all the issues in a total war it is difficult to think that these fine distinctions can be made.

The torture is clearly a different issue because this is not a total war.  But one still has to ask what risk should the government inflict on the population to avoid causing suffering to the enemy?  I&#039;m glad I don&#039;t face those decisions.</description>
		<content:encoded><![CDATA[<p>Based on my understanding of the modern rules of war, it is hard to dispute that area bombing is dubious at best.  However, there seems a few difficulties with that proposition.  Who is more important to the war effort, the tank driver or the person working in the factory building it?  Ultimately it is hard to say and when you read histories of the war, the major and continuing problem the Germans had with shortages of materials and equipment is hard to escape.  Also bombing was not the only way civilians suffered.  Thousands of people, including children lived through the Stalingrad battle in the city and many more thousands died.  No doubt that happened in many places.  So when you think through all the issues in a total war it is difficult to think that these fine distinctions can be made.</p>
<p>The torture is clearly a different issue because this is not a total war.  But one still has to ask what risk should the government inflict on the population to avoid causing suffering to the enemy?  I&#8217;m glad I don&#8217;t face those decisions.</p>
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		<title>By: Patrick</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354325</link>
		<dc:creator>Patrick</dc:creator>
		<pubDate>Mon, 20 Apr 2009 14:09:35 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354325</guid>
		<description>I think the word proportionate has come to be like &#039;media bias&#039;. It is a useful word that describes a real phenomomen of some importance, but it is almost impossible to use it sensibly in discussion any more. 

In this case however you get away with it since I agree that the torture was a disproportionate response. I disagree with the other sentences in that paragraph and indeed the other clauses in that sentence. I understand that there were a lot of people with combat experience involved. So the stupid phrase chicken-hawks seems even less useful than usual, and it never adds anything imho. Also, I suspect that however hard it might be to understand or relate to, they were trying only to fight a particular war. In this sense they were like the commanders who authorised bombing civilian areas.

So; I think the bombing was numerically &lt;i&gt;and morally&lt;/i&gt; far worse, I don&#039;t have significant doubts about the &lt;em&gt;intentions &lt;/em&gt;of the torturers, and I somehow find it &lt;em&gt;less &lt;/em&gt;despicable. 

In the interests of full disclosure, I am, however, ashamed that my opposition was not clearer, earlier. (I was too ready to believe that there was no &#039;real&#039; torture, very naive of me, and too ready to defer to the presumed greater appreciation of the risks faced, also embarrassingly naive of me.) Hopefully I can at least learn from that. I wonder how much of that, though, is hindsight.</description>
		<content:encoded><![CDATA[<p>I think the word proportionate has come to be like &#8216;media bias&#8217;. It is a useful word that describes a real phenomomen of some importance, but it is almost impossible to use it sensibly in discussion any more. </p>
<p>In this case however you get away with it since I agree that the torture was a disproportionate response. I disagree with the other sentences in that paragraph and indeed the other clauses in that sentence. I understand that there were a lot of people with combat experience involved. So the stupid phrase chicken-hawks seems even less useful than usual, and it never adds anything imho. Also, I suspect that however hard it might be to understand or relate to, they were trying only to fight a particular war. In this sense they were like the commanders who authorised bombing civilian areas.</p>
<p>So; I think the bombing was numerically <i>and morally</i> far worse, I don&#8217;t have significant doubts about the <em>intentions </em>of the torturers, and I somehow find it <em>less </em>despicable. </p>
<p>In the interests of full disclosure, I am, however, ashamed that my opposition was not clearer, earlier. (I was too ready to believe that there was no &#8216;real&#8217; torture, very naive of me, and too ready to defer to the presumed greater appreciation of the risks faced, also embarrassingly naive of me.) Hopefully I can at least learn from that. I wonder how much of that, though, is hindsight.</p>
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		<title>By: Nicholas Gruen</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354317</link>
		<dc:creator>Nicholas Gruen</dc:creator>
		<pubDate>Mon, 20 Apr 2009 13:22:32 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354317</guid>
		<description>Thanks Patrick, I think you make an important distinction about the (likely) guilt of (at least some of) the tortured. Anyway, speaking for myself, I like to think I would have made neither decision. But somehow I can understand and sympathise with those who decided to bomb Europe (after the bombing of London - though of course two wrongs don&#039;t make a right). This is even after I agree that it was very wrong. 

I never sympathised in any way with the imposition of torture in the situation with the terrorists.  This was chicken-hawks trying to act like some tough guy in a movie. I guess both acts were deeply wrong and perhaps you are right - certainly in numerical terms you are dead right that the bombing of Europe was much worse.  But the systematic torture of a bunch of people when the US was never in any mortal danger - well there&#039;s something especially despicably disproportionate about it.</description>
		<content:encoded><![CDATA[<p>Thanks Patrick, I think you make an important distinction about the (likely) guilt of (at least some of) the tortured. Anyway, speaking for myself, I like to think I would have made neither decision. But somehow I can understand and sympathise with those who decided to bomb Europe (after the bombing of London &#8211; though of course two wrongs don&#8217;t make a right). This is even after I agree that it was very wrong. </p>
<p>I never sympathised in any way with the imposition of torture in the situation with the terrorists.  This was chicken-hawks trying to act like some tough guy in a movie. I guess both acts were deeply wrong and perhaps you are right &#8211; certainly in numerical terms you are dead right that the bombing of Europe was much worse.  But the systematic torture of a bunch of people when the US was never in any mortal danger &#8211; well there&#8217;s something especially despicably disproportionate about it.</p>
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		<title>By: Patrick</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354316</link>
		<dc:creator>Patrick</dc:creator>
		<pubDate>Mon, 20 Apr 2009 13:10:16 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354316</guid>
		<description>I am not quite sure we have anything remotely like the Soviet 1930s. Although it does snow in America, so I guess there&#039;s that. And there&#039;s ANSWER.

As for most &#039;frivolously declared war&#039;, I guess that&#039;s true, leaving aside most of the others. Falklands was desperately serious, Vietnam was a last-ditch defence of our mothers&#039; homes, etc. Getting into the century before that it becomes a bit farcical. But I guess it was more frivolously declared than WWI or II. After all in WWII the US waited to be actually attacked before declaring war...

I agree that WWII was far greater &#039;extremis&#039; than at present. I agree that torture is wrong, and I don&#039;t think the US should have done it.

I don&#039;t think your case is improved by comparing the two - I don&#039;t believe that there was no legal opinion prepared before Dresden, which as it happens, I think was deeply wrong and far worse than this torture. I understand that you may be contemptuous of the legal opinions but I hope you realise that the NYT was exagerating a little when they said that Obama would not prosecute interogators for having used now-illegal techniques. The exageration was the implication that anything except waterboarding is now &#039;illegal&#039;, or that Obama has promised not to do this. 

Back to WWII I believe that I can understand how the decision to authorise fire-bombing happened (but maybe I just can&#039;t imagine how I would react and so implicitly assume that any reaction is prima facie &#039;legitimate&#039; - I think this is or at least was NG&#039;s position), and I don&#039;t even know if I would actually punish the decision-makers. I believe about the same with regards to the torture of presumed terrorists.

But at least this time around, even if our actions were deeply wrong and should never have happened, our victims were chosen for the appearance of guilt not chosen for the appearance of innocence. I think that is a central moral divide that is too often ignored (see eg Palestine v Israel; Muslim terrorists v us). 

I don&#039;t think anything in even the incredible &#039;extremis&#039; of WWII justified broaching that divide, with the exception of Japan where I believe there was a genuine utilitarian calculus. 

And whilst I don&#039;t believe that torture was justified here, I don&#039;t think it was &#039;as&#039; grave a wrong as the firebombing of civilian populations, nor as frivolously entered into as you seem to think.</description>
		<content:encoded><![CDATA[<p>I am not quite sure we have anything remotely like the Soviet 1930s. Although it does snow in America, so I guess there&#8217;s that. And there&#8217;s ANSWER.</p>
<p>As for most &#8216;frivolously declared war&#8217;, I guess that&#8217;s true, leaving aside most of the others. Falklands was desperately serious, Vietnam was a last-ditch defence of our mothers&#8217; homes, etc. Getting into the century before that it becomes a bit farcical. But I guess it was more frivolously declared than WWI or II. After all in WWII the US waited to be actually attacked before declaring war&#8230;</p>
<p>I agree that WWII was far greater &#8216;extremis&#8217; than at present. I agree that torture is wrong, and I don&#8217;t think the US should have done it.</p>
<p>I don&#8217;t think your case is improved by comparing the two &#8211; I don&#8217;t believe that there was no legal opinion prepared before Dresden, which as it happens, I think was deeply wrong and far worse than this torture. I understand that you may be contemptuous of the legal opinions but I hope you realise that the NYT was exagerating a little when they said that Obama would not prosecute interogators for having used now-illegal techniques. The exageration was the implication that anything except waterboarding is now &#8216;illegal&#8217;, or that Obama has promised not to do this. </p>
<p>Back to WWII I believe that I can understand how the decision to authorise fire-bombing happened (but maybe I just can&#8217;t imagine how I would react and so implicitly assume that any reaction is prima facie &#8216;legitimate&#8217; &#8211; I think this is or at least was NG&#8217;s position), and I don&#8217;t even know if I would actually punish the decision-makers. I believe about the same with regards to the torture of presumed terrorists.</p>
<p>But at least this time around, even if our actions were deeply wrong and should never have happened, our victims were chosen for the appearance of guilt not chosen for the appearance of innocence. I think that is a central moral divide that is too often ignored (see eg Palestine v Israel; Muslim terrorists v us). </p>
<p>I don&#8217;t think anything in even the incredible &#8216;extremis&#8217; of WWII justified broaching that divide, with the exception of Japan where I believe there was a genuine utilitarian calculus. </p>
<p>And whilst I don&#8217;t believe that torture was justified here, I don&#8217;t think it was &#8216;as&#8217; grave a wrong as the firebombing of civilian populations, nor as frivolously entered into as you seem to think.</p>
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		<title>By: GeoffRobinson</title>
		<link>http://clubtroppo.com.au/2009/04/19/perspectives-on-war-crimes/#comment-354297</link>
		<dc:creator>GeoffRobinson</dc:creator>
		<pubDate>Mon, 20 Apr 2009 08:33:19 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=8115#comment-354297</guid>
		<description>Reminded of Solzhenitsyn here and his description of how the Gulag began as a tiny speck that grew with such terrifying speed. We seem to have people here who think like many in the Soviet Union in the 1930s even down to the hysterical defensiveness and self-pity when they are ever questioned see the infamous &lt;a href=&quot;http://online.wsj.com/article/SB123993446103128041.html?mod=googlenews_wsj&quot; rel=&quot;nofollow&quot;&gt;WSJ oped.&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Reminded of Solzhenitsyn here and his description of how the Gulag began as a tiny speck that grew with such terrifying speed. We seem to have people here who think like many in the Soviet Union in the 1930s even down to the hysterical defensiveness and self-pity when they are ever questioned see the infamous <a href="http://online.wsj.com/article/SB123993446103128041.html?mod=googlenews_wsj">WSJ oped.</a></p>
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