JohnDubYa said:
I don't think there is a distinction between enemy and friendly civilians. I would suggest Points (2) and (4) are the only ones worth analyzing. The others are pretty cut and dried.
In the first set of circumstances, none of them provide a basis for stopping a fight (from the point of view of the other side). In Gulf II, American civilians
did go to Iraq to act as voluntary human sheilds. That act is only half a step above treason.
The real question is would the soldiers with civilians around them do anything to protect them (and would the civilians do anything to protect themselves). According to the rules of war, its the people using forced human shields who are comitting a crime.
In the second set, #12, they are combatants.
#13 isn't specific enough: are they providing medical treatment in the middle of a battle? In that case, they are treated the same as any military medical personnel - they are noncombatants (you can't shoot them on purpose), but you don't stop the battle for them. If they are not treating injured people in a battle (say, they are in a MASH hospital), then
none of them, including the soldiers, are combatants. Anyway, 13 is generally a "no."
#14, they are not combatants, but being around military makes you a target: a USO show is a legitimate target - Bob Hope's presence (Playboy bunnies or not) doesn't give all the soldiers a free pass.
#15 also is not specific enough. Does that mean giving money to buy weapons or what? In any case, that would generally be a no, with the caveat that if they are near combatants by choice at any time, they are not protected.
#16, I can't think of any situation where economic centers are viable targets. Again, the rules have changed (for the civilized world) since WWII.
#17 - moral support as in waving a flag from inside your house? No. Again, the critereon are
action based and its the level of participation in the battle that matters.
#18 and 19, impersonating military is likely to get you arrested, but if you're in the middle of a battle, you might get shot.
#21,22, these civilians should be protected to the extent possible/reasonable. Obviously, there is wiggle room there, but actions such as shooting from residential apartment buildings (which the terrorists have done) and hiding your equipment/vehicles in civilian neighborhoods (which Saddam did) are war crimes. For the more general case of collateral damage, precision guided weapons make it possible to vastly reduce the number of civilian casualties - but not all are avoidable.
As a general rule, Artman's characterization is correct:
Rules in a war are there to prevent intentionally injuring those not directly involved. Civilians should stay out of the way.
Using that as a guidline will allow you to figure out 95% of cases.
amwbonfire and Adam: 'we shouldn't go to war in the first place' is a nice sentiment, but it does not answer the question asked. Its completely irrelevant here. Worse, it ignores reality. You can't close your eyes and wish and make these situations disappear. When you open your eyes, they are still there and rules on how to act still have to be made. If your objection is to the current conflict, that's also irrelevant as Hurkyl framed his question in general terms.
Adam said:
Killing civilians is never acceptable.
Thats a nice, canned thing to say, but it also ignores reality. Real life is seldom that simple as the cases Hurkyl brought up (and you utterly ignored) indicate. Further, this directly contradicts what you said in another thread. You said the WTC was a legitimate target. Your attempts to be black and white about this are a transparent attempt to avoid the issue.
They deserve to be safe in their homes without attackers bringing the war in there. Hard to "stay out of the way" when soldiers come into your town, conduct searches in your family's home, park tanks out the front, drop bombs on your town's infrastructure, and in general turn your home into a war zone.
That's true, of course. But one at a time:
-"They deserve to be safe in their homes" - in the incident that precipitated this discussion (and in several of the cases presented), they
chose to leave their homes.
-"Hard to "stay out of the way" when soldiers come into your town, conduct searches in your family's home, park tanks out the front..." - Indeed, and I'm sure that will come up at Saddam's war crimes tribunal. The Al Queda terrorists who started the specific battle in question will be more difficult to prosecute.
-"drop bombs on your town's infrastructure" - there is nothing wrong with destroying infrastructure (bridges, roads, airfields, power stations) that are active parts of the war effort.
-"and in general turn your home into a war zone" - again, I'm sure that'll come up at Saddam's war crimes tribunal. For the specific case in question, the civilians who were cavorting with the terrorists (and harboring them in their homes) need to ask themselves the question "which side am I on, or am I a bystander?" otherwise someone else will answer it for them.