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this post was submitted on 18 Dec 2024
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Under your interpretation of perfidy, what kind of killing would be permitted in war? Does a soldier at the frontline have a chance to defend against an incoming artillery strike, or a sniper? Are wars to be conducted only as a series of honourable sword duels?
The mention of "clandestine" is from the Lieber code, which is not an international law. The Geneva Conventions do not use it. Ukrainians and Russians do not need to observe internal American military law.
The feigning of civilian status is possibly relevant depending on how the assassin conducted the assassination. If all the assassin did was evade notice, that is not perfidy - they must invite confidence, as you quoted, which you cannot do by not being noticed. The same protocol that your quote comes from discusses this with regard to "ruses of war" such as camouflage.
Regarding whether or not Kirillov was a legitimate target: Even if he really, genuinely did not order the war crimes he is accused of ordering, he is still a combatant under the Article 43 of the 1977 Protocol I of the Geneva Conventions. Russian government comments seem to reflect this too. Russia Today quotes State Duma Defense Committee chairman Andrey Kartapolov describing Kirillov as a “Worthy Russian general,” and a “Real officer.” Russia describes one of the responsibilities of his forces as "Causing loss to the enemy by using flame-incendiary means." If you are the guy that orders the flamethrowering of enemy soldiers then yes, you are a combatant.
"clandestine" is an important category to understand what is considered treacherous. The geneva convention does not refer exclusively to inviting confidence of protection. It is just an explicit specification, like the examples given under a to d are examples, to have them already covered. That does not mean that they are exclusive.
For the fighting on the front line every soldier knows he is at risk. Also Private Ivan is not targeted as Private Ivan. If instead there was Private Alexej in his place, Alexej would be dead and Ivan life another day. The same applies when command centers are attacked. They are attacked as the command structure. And if General Mikhail is visiting that day and the attack is done specifically on that day because he is there it is legitimate as he knowingly went to a legitimate target. Same i would argue for the command center in Moscow, e.g. the distance to the front is not relevant.
But being blown up by a booby trapped civilian device in a civilian area seems quite treacherous. In particular as booby trapping civilian devices is also prohibited.
It does not refer to anything but that. If you think it does, quote it. Your personal feelings on whether or not it has perfidious vibes aren't really enough here.
Russia thinks that the bomb was monitored and manually detonated, which would make it not a booby trap. As such it's now just "combatant kills enemy combatant with a grenade from a hidden position, no civilian casualties". The Ukrainians are not required to warn an enemy general about the specifics of how he might get hurt in the war he is fighting.
https://treaties.un.org/doc/Treaties/1996/05/19960503 01-38 AM/Ch_XXVI_02_bp.pdf
Definition:
The Prohibition of specific booby traps such as medical devices explicitly notes that it does not limit the scope of treachery and perfidy. So it even links the use of booby traps to the categories of treachery and perfidy, because it is blatantly obvious to be exactly that.
The definition of booby-traps does not make any limit on how they are triggered.
clearly an exploding scooter is designed to do exactly that.
The key here is that the unexpectedly is from the perspective of the victim. This becomes clear as it relates to the victims approach to the object or interaction with it, which should not lead to the object exploding under normal circumstances. From the attackers perspective it is always expected to explode, be it by manual trigger or some sort of automation.
A scooter is not expected to explode as you pass by it. Also the remote detonation is irrelevant to the general prohibition of using them outside an area where fighting is ongoing or imminent.
Neither approaching nor disturbing the scooter caused this bomb to function according to Russia. It does not meet this definition of a booby trap.
Obviously the trap was detonated, when he was within the detonation range. So it functioned when he approached it. The definition does not say that it has to function triggered by his approach. The triggering is entirely irrelevant.
Under your interpretation, a soldier hiding in a bush with a grenade is a booby trap. There is no way you can seriously believe that that includes something manually triggered. The entire point of banning booby traps is that they are by their nature indiscriminate, which a monitored and manually triggered weapon obviously is not
A soldier hiding in a bush is a combatant. The grenade in his hand is a weapon. It is easily discernible as such both by other soldiers and by civilians. And both soldiers and civilians will expect a grenade to explode when it is thrown at them, or at least they understand the risk of a grenade potentially exploding, if it is laying around. So they expect it to be explosive.
Lets go through the definition word for word again:
A soldier is not a device, a grenade is, a scooter is
A soldier is not a material, a grenade is not a material, but made from some, same for a scooter
A soldier is not designed, a grenade is and this specific scooter was
all three kill or injure
all three function
A soldier is expected to be a danger, so is a grenade, a scooter is not
https://dictionary.cambridge.org/dictionary/english/when
at what time; at the time at which:
the guy assassinated is a person. It does not say civilian or combatant. Any human being counts
he moved into the explosion range, so he approached
a soldier is not a harmless object. a grenade is not a harmless object. A scooter normally and by the expectation of normal circumstances is a harmless object
this means an interaction with the device itself that should be safe. E.g. if you set fire to a gas bottle as a civilian you cannot expect it not to explode
Nowhere does it say that the device or material needs to have any sort of automation. Nowhere does it say, that a remote trigger is excepted. Nowhere does it say, that it must be targeting combatants or civilians, both go equally.