Abstract

Many persons who consider the variety of moral and legal problems that arise in respect to war come away convinced that the firmest area for judgment is that of how persons ought to behave in time of war. Such persons feel a confidence about dealing with questions of how war ought to be conducted that is absent when other issues about war are raised. They are, for example, more comfortable with the rules relating to how soldiers ought to behave vis-a-vis enemy soldiers and enemy civilians - the laws of war - than they are with the principles relating to when war is permissible and when it is not. Thus, most commentators and critics are uneasy about the applicability to the American scene of that part of Nuremberg that deals with crimes against peace and crimes against humanity. But they have no comparable uneasiness about insisting that persons who commit war crimes, violations of the laws of war, be held responsible for their actions.