Quote:
Originally Posted by Lt.Fillipidis
The incident you describe was commited legaly since not HMS Hogue nor HMS Cressy were flying a Red Cross flag, nor they had been rescuing civilians.
They were warships that had been rescuing combatants hence eligible for attack.
Speaking purely out of experience from other similar incidents.
Now, on the Laconia incident besides the Red Cross flag, the American High Command was already informed about the situation and the German effort to save civilian lives but still the order was given for the bomber to attack.
Besides that, i agree with you that hyperbolic comments about war crimes add nothing to the discussion but we all know that many allied war crimes were either covered up, taken lightly or even never reached the surface since the victorious force had the power to blame everything to the defeated. And i think thats what Snestorm is trying to say.
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Read the actual convention:
http://www.icrc.org/ihl.nsf/FULL/225?OpenDocument
Protection of the Red Cross at sea applied only to neutrals engaged in saving life or designated hospital ships conforming to the provisions of the conventions. As belligerant warships
U-156 and the other subs involved in the
Laconia rescue were neither and so had no claim to protection. They were every bit as legitimate targets as were
Cressy and
Hogue in 1914.
However distasteful the actions of the Allies in the
Laconia rescue efforts may be to some, I would submit that there is no crime without an offence. There was no offence because the Red Cross displayed by a belligerant warship for any reason had no legal status. My $0.02.
As I understand it the Vichy French warships that came in response to the plain language distress calls from
U-156 and BdU could have legitimately flown the Red Cross and so been immune to attack under the provisions of the convention. I stand corrected as I had thought no armed vessel could use the Red Cross but Neutrals could when actively engaged in lifesaving or when carrying survivors to a neutral port. Belligerant warships cannot use the Red Cross under any circumstances.