International Crimes: Case Study Analysis and Legal Implications

This report analyzes a case study involving international crimes, specifically focusing on the murder of two Spanish Legionnaires who were also United Nations peacekeepers. The analysis delves into the legal implications of the crime, including the applicability of the laws of war and the defense of superior orders. The report examines evidence from the crime scene, such as the location of the gunfire and the existence of a cease-fire agreement, to determine the legality of the killing. It also references the International Criminal Tribunal for the former Yugoslavia (ICTY) rulings to support its arguments. The report concludes that the killing was unlawful, as it violated the laws of war and the cease-fire agreement, and that the defense of superior orders would not be valid. The report also emphasizes the significance of protecting innocent lives during armed conflict.

Running head: INTERNATIONAL CRIMES
INTERNATIONAL CRIMES
Name of Student
Name of University
Author Note

1INTERNATIONAL CRIMES
It has been made clear by way of the international law since the time of World War II,
that if an act is considered to be unlawful then superior orders would not be accepted as a
defence (Walzer 2015). However, the laws of war provide for the duty of the soldier to obey
direct orders even if they are considered illegal (Osiel 2017). In the given scenario, it was
seen that one of the members of the HVO murdered two Spanish Legionnaires, who were
also United Nations peacekeepers. The chapter provides the fact that there had been evidence
present at the scene of crime that the attack at the Spanish Battalions was caused by HVO
(Cencich 2013). The investigator found enough evidence to prove that the gunfire to
SPABAT was intentional. The first evidence provided in the chapter was that the investigator
found that the gunshot was fired from the highest point of Mostar, controlling which was
considered as a critical objective of the military. There was an agreement between the two
parties in the war for cease-fire (Cencich 2013). As per the International Criminal Tribunal
for the former Yugoslavia (ICTY) rulings the people in West Mostar were provided with
protection under the laws of war (Keen 2015). Following the laws of war it can be said that
when any soldier is given any directive to kill a peacekeeper of the United Nations, even if
they are threatened with their lives, superior order would not be considered as a defense
(Green 2018). Further, a murder of any innocent life is always considered as murder (Zupan
2017). Hence, according to me the death of the two legionnaires would be unlawful killing as
there was cease-fire agreement at the time.

2INTERNATIONAL CRIMES
Reference
Cencich, J. R. (2013). The Devil's Garden: A War Crimes Investigator's Story. Potomac
Books, Inc..
Green, L. C. (2018). The contemporary law of armed conflict.
Keen, M. (2015). The laws of war in the late middle ages. Routledge.
Osiel, M. J. (2017). Obeying orders: atrocity, military discipline and the law of war.
Routledge.
Walzer, M. (2015). Just and unjust wars: A moral argument with historical illustrations.
Basic books.
Zupan, D. S. (2017). War, morality, and autonomy: an investigation in just war theory.
Routledge.