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Additional info for Democracies at War against Terrorism: A Comparative Perspective

Sample text

Here again, international law provides indispensable guidelines. Armed actions designed to “terrorize” civilian populations are war crimes, and indeed crimes against humanity. The law of armed conf lict has established principles of nondiscrimination and proportionality that prohibit the targeting of civilian populations or civilian infrastructure. This applies to aerial operations, whether they take the form of systematic bombardments or raids on specific targets. 7 More specifically, Protocol I sets out the rules for the “protection of the civilian population” in the context of an international conf lict: “The civilian population as such, as well as individual civilians, shall not be the object of attack.

Democracies and the Ethics of War 25 What was really new was the way these events took on an international dimension. 29 Article 46 of the convention stipulated that “private property cannot be confiscated,” but in the Ardennes and the north of the Marne boundary markers were displaced. Article 47 officially prohibited pillage, but we know the outcome. Articles 50 (that ruled collective punishment illegal) and 55 (preservation of the occupied buildings) were similarly disregarded. 30 As regards material conditions, the 350,000 German prisoners held by France, the 328,000 by Great Britain, and the 43,000 by the United States were not to suffer too much.

Moreover, the Allies were not to be outdone on another score. They continued to hold their German war prisoners until after the signature of the Versailles Treaty, whereas the Allied prisoners were freed starting on November 11, 1918. The repatriation of the French troops was entirely completed as early as the end of January 1919. The continued imprisonment of German soldiers well past the end of the fighting was not really a violation of the 1917 Hague Convention,33 but undeniably constituted a form of hostage taking during the Versailles negotiations.

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