Wow, those are some big questions you are raising here. I'll try to respond without completely leaving the topic of this thread...
Cyracuz wrote:Is it a war crime to defend oneself?
The answer is: maybe. The problem with your question is that you are mixing two entirely different categories: attack - defense vs. valid military means - war crime.
Acting in self defense might be a moral justification to enter into a war, to launch a counter attack, to subsequently attack the country that has attacked you.
Quite apart from that, a war crime is a war crime, no matter whether it is committed in self defense or during an attack on another country. Acting in self defense is, in my opinion, no moral justification for committing a war crime.
Cyracuz wrote:The nervegas might have been used in defense in the given example.
I think that first we would have to agree that the use of chemical weapons, just like the use of biological weapons or torture, is exceedingly cruel and it is therefore desirable to categorically avoid using them in warfare.
Therefore, in any situation where you are in a position to make a conscious choice about the methods employed and you decide on using exceedingly cruel methods, I would say you are therefore guilty of committing a war crime.
Acting in self defense or not doesn't make a big difference, in my opinion. As I said before, it might be a justification to employ volatile means at all, but it is no justification for employing exceedingly cruel means.
Cyracuz wrote:Also, to spread terror among the troops of your enemy is considered wise tactics at times.
Are you establishing a categorical rule here? If you are saying that it is wise tactics to spread terror among the troops of your enemy, aren't you implying that it is wise tactics for your enemy to spread terror among your troops?
If you're saying it might be desirable for you to torture, gas or poison your enemy "occasionally", aren't implying that the same is justified for your enemy to reach his goals?
Cyracuz wrote:By your definition of terrorism and war crime, old europe, the entire wealth of the western civilisation is founded upon war crimes and terrorism.
I wouldn't say that. A good part of the entire wealth of the western civilisation is also due to the ingenuity of individuals or whole governments, to clever diplomacy and to trade with other nations.
Another part of the the entire wealth of the western civilisation is due to conventional warfare, historically (before the US existed as a nation) mostly between the European nations and colonial powers like Spain, Portugal, France, Britain, the Netherlands etc., or their wars with and in colonized countries.
But yes, a part of the entire wealth of the western civilisation, at least in the past, is the result of such methods as slavery or genocide on indigenous populations.
Cyracuz wrote:Btw, isn't it an incorrect use of term to talk about 'a warcrime in peacetime'? Unless the crime is comitted in a war, isn't it just crime?
It's an attempt at defining "terrorism", other than saying "terrorism is what terrorists do". I think it's not such a bad analogy, as it implies the magnitude and the means used vis-a-vis a crime like, say, murder.
Cyracuz wrote:Lastly, the way I see it, the attack on the twin towers, for instance, was not a case of 'warcrime in peacetime'. USA hasn't had 'peacetime' in decades, if ever. It just picks it's fights well away from home. Just because all the fighting in the current wars happens abroad, the wars are happening in the US too.
Oh, I can't answer that. This whole topic about "perpetual war" is very interesting, but I think somehow beyond the scope of this thread.
I would further submit that I would see no difference between war crimes and terrorism. Therefore, if you would want to maintain that the USA really were "at war" with al Qaeda before 9/11 and the attacks were an "act of war" (I'm not saying I agree with that assessment), you would still have to say that the attacks were a war crime of significant magnitude.
(On the other hand, there are currently more civilians being killed in Iraq every month than people died in the 9/11 attacks...)