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Originally posted by quiet
my point was in the question. are soldiers personally responsible for there actions? for clarity, actions that they were directly ordered to undertake?
by 'convening powers that be', do you mean those that in essence, "win the war"? are you in fact saying that war crimes commited by those who win, are somewhat irrelevant?
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In answer to the first question...yes...if those actions are deemed to be illegal...by whomever the convening power is. Whether it by by military court or as in the case of the aftermath of the 2nd World War...by tribunal.
In the case of the 2nd World War...if the Axis powers had won the war it would have been allies put on trial and the determiners of what was illegal would have been the Axis tribunal.
So...bottom line the relevancy or irrelvancy is determined by the convening power...be it by tribunal or by a military court.