GrumpyCatFace wrote:Smitty-48 wrote:The laws of armed conflict allow for a hospital to be targeted, even if marked, if it is being used by the enemy as a fighting position from which to engage you, any hospital which is not clearly marked, forgoes any and all protections under the laws of armed conflict as being a hospital, an unmarked hospital is no hospital at all, for the purposes of the laws of armed conflict.
Then did they, in fact, know it was a hospital before they struck?
Notice that I said "if they knew", then they should be war criminals. The doctors have no choice. They are sworn to help.
Only if the unit which was engaging the target knew, in real time, to wit, the AC-130 gunship commander and crew, before and as they opened fire, somebody somewhere having the information, not having been passed down to the AC-130 crew engaging the target in the fog of war, would not make the engagement unlawful.
This is why the onus is on the hospital to ensure that it is marked, information does flow freely in the fog of war, failure to mark the hospital and then have it be used as a fighting position by armed elements is actually what is unlawful.
If the hospital staff knew that they were subject to being occupied by armed elements and in that context also failed to mark the hospital? Then it is in fact they, not the US military, who are in breach of the laws of armed conflict, because they essentially made themselves proxies of the enemy, by making themselves into de facto human shields for an unlawful combatant enemy, covertly, by not marking the hospital, which is the actual war crime in play here.
The laws of armed conflict would essentially rule against the doctors, for having, in effect, laid a trap for the US military on behalf of the Taliban and Co.