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US, UK hail murder of Russian lieutenant-general in charge of nuclear defense (www.wsws.org)

submitted 11 hours ago by return2ozma to c/world

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[–] chonglibloodsport 1 points 3 hours ago (1 children)

Flat out wrong. Your entire point rests on your equation of using a civilian vehicle (a scooter) to hide a bomb with “the feigning of civilian, non-combatant status” which is categorically false. Feigning civilian, non-combatant status is very specific. It means dressing your soldiers up as civilians and approaching the enemy in order to use your false civilian status to get them to let their guard down, then attacking:

Citing Article 37 of Additional Protocol I as support, it defines perfidy (and thus treachery) as “acts that invite the confidence of enemy persons to lead them to believe that they are entitled to, or are obliged to accord, protection under the law of war, with intent to betray that confidence.”

In no way did a scooter parked on the street invite Kirilov’s confidence to believe he was protecting the scooter under the law of war.

That is what perfidy means: using the protection of civilians specifically and treacherously to launch an attack while disguised as civilians. This requires that the enemy see you dressed as a civilian and let his guard down.

This did not happen since Kirilov never saw his attackers.

2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.

[–] [email protected] 0 points 2 hours ago* (last edited 2 hours ago) (1 children)

That is what perfidy means: using the protection of civilians specifically and treacherously to launch an attack while disguised as civilians. This requires that the enemy see you dressed as a civilian and let his guard down.

This did not happen since Kirilov never saw his attackers.

Using civilian items to hide booby traps is of course treacherous. It is based on creating the idea that there is no danger coming from this item. It is additionally specifically prohibited to booby trap civilian items under the geneva convention

https://treaties.un.org/doc/Treaties/1996/05/19960503%2001-38%20AM/Ch_XXVI_02_bp.pdf

Definition:

"Booby-trap" means any device or material which is designed, constructed, or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.

Article 7 Prohibitions on the Use of booby-traps and other devices 1. Without prejudice to the rules of international applicable in armed conflict to treachery and perfidy, is prohibited in all Circumstances to use booby-traps and devices which are any way attached to or associated with: [...]
2. It is prohibited to use booby-traps or other devices in the form of apparently harmless portable objects which are specifically designed and constructed contain explosive material. .
3. Without prejudice to provisions of Article 3, it is prohibited to use weapons to which this Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or not appear to be imminent, unless either:
(a) they are placed on or in the close vicinity of a military objective; or
(b) measures are taken to protect civilians from their effects, for example, the posting of warning sentries, the of warnings or the provision of fences.

This is textbook. The Scooter didnt have the explosive attached, but hidden in it. It was used in an area were fighting was not ongoing or imminent and away from military objectives and there was no warning whatsoever.

But most importantly: The rules for booby traps mention explicitly, that they can constitute treachery and perfidity

[–] chonglibloodsport 2 points 2 hours ago (1 children)

It was not a booby trap! He was entering his apartment, he wasn’t approaching the scooter. It was just there!

[–] [email protected] 0 points 2 hours ago (1 children)

So how did he get into the explosion range of the scooters explosives? Did he life his entire life there?

The item was placed specifically on his way and detonated, when he got into the explosive range. So it was exploded as he approached it. It is irrelevant that he did not intend to use the scooter. He had no way of recognizing it to be explosive. Which also brings us to the next problem. No civilian was able to discern the device, or recognize that they are in an area requiring particular care as fighting was not ongoing or immanent.