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Could citizens of countries that didn't ratify conventions be prosecuted for war crimes?
So, the scientists of Unit 731 in WW2 were prosecuted for using chemical and biological weapons, which was banned by the Geneva Protocol. But Japan signed, but never ratified, the protocol. So, did the laws of the protocol apply to them?
SOURCES PLZ (if u have them).
3 Answers
- MajorArmedManLv 72 years ago
Yes.
"After World War II, the judges of the military tribunal of the Trial of German Major War Criminals at Nuremberg Trials found that by 1939, the rules laid down in the 1907 Hague Convention were recognized by all civilized nations and were regarded as declaratory of the laws and customs of war. Under this post-war decision, a country did not have to have ratified the 1907 Hague Convention in order to be bound by them." http://avalon.law.yale.edu/imt/judlawre.asp
It means that a country that didn't ratify conventions regarding the laws of war and human rights law can still be prosecuted for crimes prohibited by these conventions, because it's reasonable and right thing to do so when you know the basics of international humanitarian and human rights law.
- ?Lv 62 years ago
Apparently, it doesn't really matter. The only ones who are prosecuted for war crimes are the losers. The Allies committed even worse war crimes than they accused Germany of. But instead of being prosecuted for anything, they were able to sweep everything under the rug under the guise of "justified".
