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What war crimes??? ('Waltz')

CaptainHawk1

Commodore
I'm watching Waltz right noew and something bothers me. Dukat says he's going to be charged for War Crimes.

What war crimes? Not to support Dukat or anything, but as far as the DOminon War is concerned, what war crimes did he commit?

-Shawn :borg:
 
Well, when he came to power he pretty much ethnically cleansed the Federation/Cardassian DMZ of all Fed settlers, even though only some of them were Maquis and by treaty they had a right to be there.
 
I thought he ONLY killed the Maquis, the Fed settlers there who weren't Maquis were allowed to stay by Cardassia.

And the Maquis were outrightly attacking the Cardassians and committing terrorist acts, they were official enemies of the Cardies.
 
In the final Eddington episode those Maquis refugees they saved were civilians weren't they? They were the families of people who served in the Maquis military. In most articles of war you're not allowed to kill these people.

The Jem'Hadar drove them into hiding which suggests they couldn't live in safety normally. If the Jem'Hadar did this on Dukat's orders then it would be a war crime for the wanton killing of civilians.

Plus we saw a very limited view of the war. We don't know that the Cardassians and Jem'hadar weren't destroying civilian ships/refugee ships or actively killed civilians as they conquered. Or maybe they got him on the attempt to destroy the Bajoran sun as part of the military leadership?
 
Of course, war itself is a war crime, by modern sensibilities. One of the main charges against the Nazis at Nürnberg was that they had planned and executed wars of aggression against the nations enumerated (which is sort of interesting because the Allies had also planned and executed wars of aggression, such as the invasions of Poland, Finland, Estonia, Lithuania, Latvia, Norway and Vichy France, but did not press similar charges against themselves).

Today, war of aggression is a crime by the UN definition; only defensive wars, fought as reaction to direct aggression, can be legal.

Dukat was clearly responsible for leading Cardassia to an attack and subsequent war against Bajor and the Federation-Klingon alliance, as shown in "Call to Arms". By Federation law, he most probably was not entitled to this attack, even though Cardassian or Dominion law might drastically differ.

Timo Saloniemi
 
^

In other words, the Federation imposes "Victor's Justice".

I agree that it does indeed do so, but it is highly unethical for the Federation to do so. In my view Federation is not nearly so "good and noble" as it makes itself out to be, as illustrated by their mistreatment of Dukat, the Female Founder, and it's guilt yet lack of accountabliity regarding the genocide disease issue.

I agree with Eddingtion, the Federation is insidious.
 
Why is victor's justice unethical?

This is clearly a case of incompatible systems of justice - and they would be incompatible even if they were identical as such. Of course it is inherently illegal from nation A's viewpoint to have nation B's soldiers come in and murder nation A's military personnel. And of course such murder is perfectly legal and even commendable from nation B's viewpoint.

It would be utterly unrealistic to assume that there could exist some higher legal system that would encompass both the Federation and its enemies. The fact that said enemies represent alien cultures consisting of alien species makes the issue even more serious than here on Earth, where most cultures think roughly alike and at the very least consist of the same one species.

The execution of an interstellar system of justice will have to be dictated by the power currently triumphing over others, thus usually against the will of these others. After all, the only practicable way to have multiple cultures agree on a code of law is to force them, which brings us to victor's justice as the only possible form of justice.

Timo Saloniemi
 
I say it's unethical because had the Dominion won and imposed their Victor's Justice, then most of the audience would be saying how "evil" the Dominion is.

However, the Federation gets a "free pass" so to speak from the audience for doing the exact same thing, mainly only because the Federation has humans in it.
 
I don't think I would associate myself with the Federation just because the Feds are supposedly from the same species I hail from...

If the Dominion won, it would be realistic and acceptable of them to use their justice. And it's difficult to see "fundamental evil" in any of their actions, when basically all of those are actually mirrored in UFP actions. Few of Trek's villains have been constructed in such a way that they would support the existence of "fundamental evil" - after all, they usually exist to showcase various human failings, which are seldom attributed to fundamental evil even by those who believe in the concept.

Timo Saloniemi
 
In my view Federation is not nearly so "good and noble" as it makes itself out to be, as illustrated by their mistreatment of Dukat, the Female Founder, and it's guilt yet lack of accountabliity regarding the genocide disease issue.

The DS9 writers tried to have it both ways. I love the series, but they could have been more forthright and honest about things. For instance: there's a GOOD case to be made that the Dominion was acting in self-defense against the Alpha Quadrant powers, which had suddenly appeared in their territory simply because they discovered a wormhole to Dominion Territory. That doesn't give them some automatic right to trespass. The war could have been ended before it began if only the Feds had stayed out of other people's back yards. But no, they had the "right" to explore wherever they wanted. No wonder they're always getting into squabbles.

Then the Romulans and Cardassians, rightly realizing the stupid Feds were going to drag them into a fight with the Dominion simply by virtue of residing in the same quadrant of space, tried a pre-emptive strike that simply made things worse. I can't really blame them for trying, but from that point on, war was inevitable.

All this goes to show, what constitutes a "war of self-defense" can depend entirely on your perspective. So much for the UN. :lol: Well, their dictates depend entirely on whose pulling the strings, I hope nobody is naive enough to think otherwise.

Oh yeah, and how about that Founder disease. The only way the conclusion of the series really makes sense is if the Founder was amenable to Odo's point of view due to being weakened by the disease - which means S31, not Odo or noble Federation ethics, REALLY won the war. Sloane was 100% right.

Why is victor's justice unethical?

In an abstract sense, the better system of justice is the one that allows more individual freedom. So as much as I may pounce on the Feds, their system is "better" than the Dominion as long as you subscribe to certain ground rules, eg, freedom is "better" than security. Reverse the formula, and the Dominion becomes "better." Under those rules, any justice that is not imposed by the "better" system is bad.
 
The British plans to invade Norway were forestalled by the Nazi invasion, which was supported by a military coup by Vidkun Quisling. Intentions are not precedents.

Vichy France was an ally of Nazi Germany, hosting air bases as I recall, which was in a full state of war with UK. Given the prior existence of this state of war, it is hard to imagine how the UK could be accused of launching aggressive war.

The cases of Finland, Estonia, Latvia, Lithuania and Poland are rooted in the destruction of the Russian empire, and automatically fall into a gray area. The territories "seized" from Finland and Poland can be viewed as border rectifications that correct unjust seizures by the Allies attack on Russia after WWI. (Yes, the Allies attacked Russia after WWI---they were fighting the Bolsheviks.)

Poland and Finland had separate existences in more recent times. Estonia, Latvia and Lithuania had not. Further, they all had massive Russian populations. As I recall, Lithuania only has a small majority of Lithuanians. If the Kalingrad enclave had been included, as it sensibly should, I think Lithuania might be majority Russian.

All the Baltic states legally oppress the Russians although most of them were there before the existence of these states. The last I looked Russian speakers were entirely disenfranchised in Lithuania, since they are nearly a majority.

The German barons, dating back to the Teutonic Knights as I recall, were dispossessed of their estates by the Soviets. They were a small minority and went to Germany I think. But the modern Baltic states are all in various degrees rehabilitating the Nazis, who were much admired by the "real" Estonians, Latvians and Lithuanians. The local Jews are no longer relevant to discussions about the war years, however.

None of this proves that Estonia, Latvia and Lithuania had no right to exist at all, even with border rectifications a la Finland and Poland. (There formal autonomy within the USSR as Soviet Socialist Republics need not be given great weight---Finland had considerable autonomy even under the Tsars.) The point is that the issue is not simmply aggression.

Nor is the true opposition to Victors' Justice some foolish Losers' Justice. The Nuremberg cases would not nor should not have been settled by principles of Nazi law.

The extraordinary thing is that Nurember limited the law of peace to European nations. All the colonies of the British Empire, the French Empire and the US colonies of the Phillippines and Panama and the Pacific could have benefited from justice. Indeed, the US Jim Crow laws bore an uncomfortable similarity to the Nuremberg laws against Jews.

I think that's the hypocrisy at Nuremberg, not some mistreatment of German allies in eastern Europe.

Section 31 may have been conscious hypocrisy on the part of the producers. We don't actually believe preventive war or genocide is wrong but we'll write in some threadbare excuse for the weaklings in the audience. Plus we'll write in that the Dominion was planning aggression all along.

The Trek notion of territory in space is completely stupid and no rational conclusions can be drawn. Most of the time, it's a minor quibble. But in a war series like DS9 it is a fatal writing flaw.
 
Just a note - but the wormhole DOES NOT open in Dominion space. It's like shouting at those darn kids... on the other side of the road.
 
Umm, although this is rather off topic, I must disagree on virtually every point here.

The British plans to invade Norway were forestalled by the Nazi invasion, which was supported by a military coup by Vidkun Quisling.

True. Doesn't change the fact that the British planned and damn near executed this war crime. To say "forestalled" is to say "the invasion troops were already in their ships, but Hitler (and poor weather) defeated them by less than a week"! The charges on planning the war of aggression should clearly have applied to Britain as well.

The "coup" by Quisling is often exaggerated in history, anyway. Quisling was a clown, and his coup was performed against a military that no longer existed, having dissolved when the Germans captured its bases and commanders one by one.

Vichy France was an ally of Nazi Germany, hosting air bases as I recall, which was in a full state of war with UK.

Not really. Vichy France was at peace with everybody when the Royal Navy first bombarded its ports. The strikes against Vichy naval forces were wholly preemptive, performed out of fear that Vichy would ally with Hitler some time in the future. Miracuously enough, Vichy did not declare war on Britain even after having been attacked, nor did it ally with Hitler at that point.

The "hosting air bases" thing was the thin British excuse for conquering the French mandate holdings in Levant - regions approximating current Syria. But several other neutral nations allowed, in theory and sometimes in practice, similar Nazi use of their airfields. The British did not invade Spain or Sweden or Ireland or the United States for this. Although I'm sure they were itching to. ;)

For comparison, other "invasions" of neutral entities include the takeovers of Madagaskar and Iceland, but both are quite distinct from the Vichy case. Madagaskar could be argued to have been under Free French influence to begin with, and Iceland specifically asked to be invaded. Then again, one should not forget that most of the Soviet victims also "asked to be invaded": it was a standard tactic to create a shadow "government" with its very own Quisling clone in the nations to be conquered, and then have this "government" ask for Soviet help and military presence. Germany liked to use the very same tactic, of course. (This practice even made it into the plotline of the prewar Tintin album "Spectre of Ottokar"! Talk about cynicism.)

The cases of Finland, Estonia, Latvia, Lithuania and Poland are rooted in the destruction of the Russian empire, and automatically fall into a gray area. The territories "seized" from Finland and Poland can be viewed as border rectifications that correct unjust seizures by the Allies attack on Russia after WWI.

Why stop at the aftermath of WWI, though? The same areas were formerly "unjustly" seized by Russia from their former masters.

Modern legislation on the matter is unambiguous: a war cannot be started under the pretext of continuing a previous one. A response to territorial loss is a war of aggression unless it is initiated in a "timely" fashion, as per the UN rules. The US could smack Saddam's hiney in the aftermath of the occupation of Kuwait, but the mandate for that piece of offensive action would not extend to 2003. (Nor would it extend to Clinton's cruise missile comeuppance, but that in turn came "soon" after Saddam's attempt at the life of George HW Bush, and attacks against heads of state are indeed considered just causes for a war of retribution by the UN rules.)

(Yes, the Allies attacked Russia after WWI---they were fighting the Bolsheviks.)

True. However, the Polish-Russian war of 1919-21 cannot be an excuse for the Soviet invasion by modern legal sensibilities.

Poland and Finland had separate existences in more recent times. Estonia, Latvia and Lithuania had not.

How so? The latter three were independent nations between the wars, and had been conquered from other political entities by the Russians in preceding times. If the excuse for Soviet aggression is "old times", then the Russians are the historical villains. If it is "immediately preceding status quo", then this is a clear-cut case of aggression against sovereign nations.

At this point, it is usually a good idea to remind people that Lithuania used to be one of the most "geographically powerful" and largest nations in Europe back when nationality began to be the "in" thing. Stretching from the Baltic to the Black Sea, she was no featherweight, but instead a fat target for territorial greed. To postulate that the later, humble incarnation of Lithuania would not be entitled even to whatever little sovereignty she could carve out of the world is pretty offensive. Bullies like Russia or Britain or France could stand to lose some of their turf... Not underdogs like recent Lithuania.

All the Baltic states legally oppress the Russians although most of whom were there before the existence of these states.

An interesting flip of causality here. Is this post-1990s reality in your opinion the reason why Stalin launched his war of aggression in 1940?

FWIW, Baltic legislation was among the most tolerant and alien-friendly (read: Russian-friendly) in the world prior to WWII. If there is some hatred of Russians today, I'd think it perfectly justified. Why feel any sympathy for the former evil occupation forces, which don't even deign to repent?

The point is that the issue is not simply aggression.

From the point of a war crimes discussion, the issue is exactly that simple. No amount of explaining and excusing will turn the crime of war of aggression into a non-crime by modern legal definition. The only thing that can do that is forcing the hand of the Security Council - which is how most wars that gain legitimacy today manage to gain that legitimacy.

In practical terms, old hatreds and wrongs count as legitimate casus belli if "old" is defined as "less than two years". This is the time for mounting a "timely response" by the UN definition, and in practical military terms as well. Centuries-old grievances cannot be used as excuses for military action.

Nor is the true opposition to Victors' Justice some foolish Losers' Justice. The Nuremberg cases would not nor should not have been settled by principles of Nazi law.

Please clarify. Are you in support or opposition of Victor's Justice? By the second phrase of that paragraph, it seems you are in full support, but the first phrase is confusing.

In any case, it was a valid defense in several cases in Nürnberg that German law of the time did not condemn the action brought to question by the court. This mainly applied to actions performed before September 1939, though. In general, the Soviets were much more eager than the British or the Americans to pursue cases where a certain political decision supposedly leading to war was retroactively defined as criminal. Such cases mainly concerned the other losing nations, not Germany, and were not part of the Nürnberg process as such, though.

Timo Saloniemi
 
Jamee999 said:
Just a note - but the wormhole DOES NOT open in Dominion space. It's like shouting at those darn kids... on the other side of the road.

Exactly. And don't tell me that the unprovoked destruction of the New Bajor colony and the bombing at Antwerp weren't acts of war on the Dominion's part.
 
The Federation explicitly didn't go to war over the former. And to be sure, we don't know whether the latter was the Dominion's doing, or Admiral Leyton's. The latter would be far more logical, really.

And if the old feller yelling at the kids across the street possesses a shotgun, and has no aversion to shooting at the kids to kill, and if there doesn't exist any sort of a police that could take the shotgun off his hands... Well, then the old geezer's word is the law.

Timo Saloniemi
 
Colonel Green said:
Well, when he came to power he pretty much ethnically cleansed the Federation/Cardassian DMZ of all Fed settlers, even though only some of them were Maquis and by treaty they had a right to be there.
First and foremost, no he didn't. The Dominion took out The Maquis. There has never been anything ever said or even implied that the Dominion wiped out the settlers. The maquis were engaged with a war against Cardassia and ergo the Dominion.

Another thing, too: Didn't all of the settlers who chose not to leave the territories that the Federation gave to the Cardassia have to renounce their Federation citizenship?

-Shawn :borg:
 
They didn't have to, it was their own choice because it meant they would get to keep living on their worlds but under Cardassian law.

Those colonies were probably spared because they are Cardassian property.
 
My original post was aimed against the idea that Nuremberg represented an unethical Victors' Justice. I tried to show that the charges of crimes against peace and crimes against humanity were not unfair as applied to the Nazis, because what they did really was different from alleged same offenses of the Allies. Their hypocrisy lay not in their condemnation of the Nazis for aggression in Europe but in their refusal to apply the same principles to the rest of the world.

As for the Dominion etc. in DS9 I find the whole storyline too arbitrary and muddled to ever find any rational basis for argument, much less conclusion. Dukat and Cardassia generally are Nazi analogues, thus Dukat is guilty of war crimes, even though the show's writers could never make a coherent argument. Could they ever? About anything?

And as I said, I doubt that the writers genuinely disapprove most Nazi policies. Historically, quite a few people greatly admired them. Much of the disapproval is really because they lost. So, the villains in DS9 are Nazi
analogues to mark them as villains.

In any event, the now-he's-hallucinating, now-he's-not scenario of Waltz is too silly to take seriously. Perhaps my attitude is colored by real world experience with someone undergoing a psychotic break.

As far as Victors' Justice being inherently unfair because it is not the Losers' Justice, this is just absurd. Limiting all notions of justice to enforcement of prior agreements is equivalent to claiming that a person could only sue someone for breach of contract.

Perhaps that clarifies some points. That said, there are some odd claims about modern legal sensibilities.

The US government has unilaterally assumed the right to wage aggressive war. Further, it has deemed resistance to its authority to be a crime in itself. It claims the right to determine the legitimacy of national governments. It holds that it has judicial powers over any individual it desires to charge. No European government contests these claims. All declare their subservience.

The UN has no legitimate role and exists merely as a diplomatic pretense. The Security Council has no authority over the US and exists merely to reatify its decisions, if the US feels it is desirable. The Security Council does not even have the right to interpret its own resolutions!

In other words, that old man shooting kids is George W. Bush. By this argument, the Federation, as the US analogue, is legally authorized to wage aggressive war, without restriction, even genocide. The

For this reason, the remarks based on modern legal sensibilities are all wrong.

An interesting flip of causality here. Is this post-1990s reality in your opinion the reason why Stalin launched his war of aggression in 1940?

FWIW, Baltic legislation was among the most tolerant and alien-friendly (read: Russian-friendly) in the world prior to WWII. If there is some hatred of Russians today, I'd think it perfectly justified. Why feel any sympathy for the former evil occupation forces, which don't even deign to repent?

Stalin did not launch a war of aggression in 1940. Hitler started one in 1939. The USSR would have been better off militarily if it had aggressed. But Stalin couldn't believe that Hitler could be such a fool, it seems.

Estonia, Latvia and Lithuania may have had formally tolerant nationality laws. The anticommunist laws were however quite intolerant and unfree. The liberal nationality laws were likely aimed at an easy regime for the German barons.

The current Baltic regimes most certainly do feel sympathy for the evil occupation forces---the Nazi occupation forces. If there is some hatred for the various Mannerheims in the Baltic, is it any wonder?
 
Anwar said:
They didn't have to, it was their own choice because it meant they would get to keep living on their worlds but under Cardassian law.

Those colonies were probably spared because they are Cardassian property.
Kind of confused here... I thought that's what I said.
Didn't all of the settlers who chose not to leave the territories that the Federation gave to the Cardassia have to renounce their Federation citizenship?
:wtf:

I thnk we're in agreement on this, right? Anybody who wanted to stay in the Cardassian Territories as a condition of staying there were required to give up their Federation citizenship status, correct?

-Shawn :borg:
 
Giving up their fed citizen status was their own idea, I think. It was basically them saying to the Feds "Okay, the deal is that we get to stay here and if we get into trouble you won't have to come in and cause a huge political problem."

Of course, once they started getting ahrassed they started complaining that the Feds weren't protecting them, conveniently forgetting that it was enitrely their own damn fault that the Feds weren't coming to their rescue...
 
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