Right but the reason we have rules against people declaring no quarter is to prevent a race to the bottom. It is absolutely reasonable to respond to a no quarter declaration in kind, which is... again... the entire reason we have prohibitions on it.
They won't face any US law. AIUI, they have been getting letters from the DOJ office of legal counsel that say it's legal. This effectively immunizes them (the DOJ can't turn around and charge you with a crime, if they advised you beforehand it was not a crime).
The best shot would be to turn them over to the ICC
> they have been getting letters from the DOJ office of legal counsel that say it's legal. This effectively immunizes them (the DOJ can't turn around and charge you with a crime, if they advised you beforehand it was not a crime).
This is not true.
OLC opinions are just that: opinions. They are non-binding and non-promissory. They are an important factor in any assessments as a norm, but definitely not dispositive and not legally binding.
The only real barrier is the pardon power, but I'm personally fine at this point with totally breaking the seal, trying and jailing every criminal in the administration(++), and consider the pardon power gone for good. Small price to pay.
Yep. And war crime seems to have lost all meaning in the US.
But, even if you dismiss the idea of international standards, this is clearly very bad for US soldiers (and sailors, airmen, etc). I wonder if they see that.
> But, even if you dismiss the idea of international standards, this is clearly very bad for US soldiers (and sailors, airmen, etc). I wonder if they see that.
