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  • In October 2015, a US-led airstrike in Afghanistan inadvertently bombed a hospital, killing at

  • least 20 people, including three children. While this particular scenario is rare, civilian

  • deaths are an almost guaranteed side effect of war. In fact, some have estimated that

  • 90% of wartime casualties are civilian and not military, although this ratio has been

  • disputed. This most recent bombing has many, including the UN, asking if the United States

  • has committed a war crime. So, did the US commit a war crime by killing civilians?

  • Well, international agreements concerning civilian casualties really only came into

  • effect after World War Two. During the war, civilian populations were intentionally targeted

  • in order to demoralize and weaken opposing countries. The infamous Blitz saw 40,000 British

  • civilian deaths, and the UK’s similar bombing of Hamburg killed about 42,000 Germans. Of

  • course, dropping nuclear bombs on Japan wiped out entire civilian populations, as did Hitler’s

  • Holocaust.

  • The first international agreement about civilians came through the Geneva convention, which

  • codified a number of humanitarian rules of war. The Fourth Geneva Convention provided

  • protection to civilians in occupied territory, and banned things like torture and scientific

  • experimentation. However, until 1977, this did not include civilians in countries which

  • had not been occupied. That year, an addendum was added to the convention, saying that attacking

  • forces had to specifically avoid civilian casualties. Notably, the United States, Israel,

  • Iran, Pakistan, India, and Turkey have not ratified this addendum.

  • Still, not having signed doesn’t mean that those countries are exempt from prosecution

  • for killing civilians. The International Criminal Court has established a certain metric for

  • determining if civilian casualties constitute a war crime. First and foremost, civilian

  • deaths alone are not enough. And even if an attacking force knows there will be civilian

  • casualties, they are still allowed to attack.

  • What is considered a war crime is when civilians are intentionally targeted, known as the principle

  • of distinction. Even if the attack is intended to destroy a military target, the loss of

  • civilian life must be outweighed by the potential life-saving military benefit. This is known

  • as the principle of proportionality. The basic question is, “Is the attack clearly excessive

  • in terms of civilian deaths, compared to the military advantage gained?.”

  • In order to limit or avoid civilian deaths, the United States uses a computer program

  • called theFast Assessment Strike Tool - Collateral Damage”. It analyses the target,

  • the terrain, the angle of attack, and the ammunition used, and generates an image of

  • the potential damage. This helps assess whether nearby civilians will be affected.

  • In the case of the Afghan hospital bombing, preliminary reports say that it was unintentional.

  • While all of the factors we mentioned will be considered in the ongoing investigation,

  • if it turns out to have been an accident, it will be difficult to prosecute. This is

  • further confusing as it is a huge violation of international law to attack a medical center.

  • Whether or not the US committed a war crime will be left up to international courts.

  • War crimes happen all over the world. To get a better understanding of what they are, watch

  • the video up top. To find out about the court that prosecutes these war crimes, check out,

  • the video below. Thanks for watching TestTube! Don’t forget to like and subscribe for new

  • videos.

In October 2015, a US-led airstrike in Afghanistan inadvertently bombed a hospital, killing at

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