Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Is civil war illegal?

Re: Is civil war illegal?

Postby shootist » Sat Dec 19, 2015 9:24 pm

Hairyloon wrote:
dls wrote:That is about the commencement of a war.

Yes indeed, but at that point, there wasn't any fighting, so what does it mean to be in a state of war?


Marriage aside, I believe it makes a difference in certain legal issues. I understand, but I'm not certain, that in situations that look remarkably like wars to the participants but are not declared to be so, certain important things in the Geneva convention do not apply, the example being expanding ammunition. In 'police actions' or other crappy punch ups, it is legal to kill people with it (circumstances permitting) but if the situation is declared to be a war then using ammunition designed to expand becomes unlawful. I believe that the rules regarding prisoners of war, as opposed to people locked up in Cuban as prisoners of certain non existent travel agencies, are also defined by war. In other words it's a politicians convenience, as are the public at large.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3561
Joined: Sat Aug 10, 2013 9:40 pm

Re: Is civil war illegal?

Postby Hairyloon » Sat Dec 19, 2015 9:37 pm

shootist wrote:I understand, but I'm not certain, that in situations that look remarkably like wars to the participants but are not declared to be so, certain important things in the Geneva convention do not apply, the example being expanding ammunition. In 'police actions' or other crappy punch ups, it is legal to kill people with it (circumstances permitting)...

As I understand, there is a logical reason for that example: jacketed ammunition is likely to go straight through and other people whereas expanding ammunition should stop. In a military situation, there ought not be innocent bystanders stood too close, but in a police action they are highly likely.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10106
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Is civil war illegal?

Postby shootist » Sat Dec 19, 2015 10:10 pm

Hairyloon wrote:As I understand, there is a logical reason for that example: jacketed ammunition is likely to go straight through and other people whereas expanding ammunition should stop. In a military situation, there ought not be innocent bystanders stood too close, but in a police action they are highly likely.


That is generally the explanation given for the use of expanding ammunition by police. BTW, I used the term 'police action' in the sense of actions that look like small wars but that have not been declared as proper wars. The jacketed ammunition is a classic example of people making laws about things they do not understand (Almost obligatory when it comes to firearms law). "Ooh! Expanding ammunition is sooo unkind, let's not allow it in situations where people are having the crap bombed out of them."
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3561
Joined: Sat Aug 10, 2013 9:40 pm

Previous

Return to Constitutional Law

Who is online

Users browsing this forum: No registered users and 1 guest