Not exactly. Positive identification IS a requirement for targeting individuals. TASB posted a very relevant section of the Geneva code.
Geneva code is not applicable since identification is made impossible by one of the sides in the conflict - on purpose.
Unfortunately for this argument, that assertion is FALSE. The Geneva conventions are applicable in all war even when one side ignores them. It sucks for the ones that are trying to uphold the laws but it is fact.
No, it is not. it is not applicable, not because one side ignores them, but because there is no subject matter for those articles to apply to
We are not allowed to ignore the conventions even when others do. Just because your enemy is a dirt bag does not mean that you get to be one as well.
the adjectives do not matter. If the enemy is indistinguishable from not enemy, there are no codes to apply, because there is no applicable subject.
Because this particular part of the law covers the fact that those vehicles so marked are protected. That does NOT mean that those protections are EXCLUSIVE to vehicles so marked. It is an easy and international way to mark a vehicle and ensure that such rescue operations are given the best chance for not being accidentally shot at. Had that vehicle has those markings, it is likely that such an incident would have been averted. That does not change the facts of the cited code earlier though – EVEN CIVILIANS that are responding to wounded are afforded protections. In such times, the vehicles will never be marked by their very definition but they STILL get protections.
if the vehicles are not marked - the Geneva code for protective vehicles does not apply. Period.
there is no ambiguity where the wounded are supposed to be and which vehicles are untouched for that matter.
loading a wounded person to undistinguished vehicle does not make it untouchable.
and yes, with the terrorists being undistinguished from the general population, the battlefield IS everywhere.
Yes, it DOES as long as that vehicle has not made itself a threat by having ANY weapons or nay active engagement. If they had shot at them, shown arme or shown threat in any other way they become a legal target. As long as they do not, they are not a legal target.
No, it does not. If the vehicle is not marked as a medical vehicle - it's an enemy vehicle and Geneva protection does not apply
It seems to me that you simply do not understand how this is supposed to work or what a legal target consists of.
I can say the same about your approach. However, MY approach has a substantiation in a form of absence of any lcourt convictions, so my approach is a CORRECT ONE
It's killing me to say this, but I don't see how Shoot Sequence No. 2 could be called Righteous by any reasonable benchmark, without abandoning ALL obligations under the Geneva Conventions and the Rules of War...
It shouldn’t. There is no reason that we should hesitate to identify where we are wrong. I can guarantee that there were a LOT more illegal actions taken in this war than that one – many have even been prosecuted. It comes with the territory. Bad shit happens when you go in and kill people. Nothing less is to be expected even if we do shoot for perfection and the highest moral standards even if the goal is not entirely possible.