Is peeing on somebody’s dead body a war crime? What about peeing on their grave? What about an important monument? As I’ve spoken about before, one of my life’s goals is to pee in every river that was important to the Confederacy. If I relieve myself in the Chickamauga, can a true son of the Cumberland bring me up in front of a war crimes tribunal?
The video of those American Marines urinating on dead Afghan bodies is so disturbing that it somehow demands a legal response. Mitt Romney might never want to “apologize” for America, but maybe that’s just because he’s used to being able to metaphorically urinate on those hoping some of his wealth trickles down.
And yet — 1Ls, say it with me — “most of international law does not exist.” Aside from whatever punishment the United States Marine Corps wants to impose on these guys, there isn’t a whole lot the international community can do to punish them.
Unless we want to call urinating on somebody a “war crime.” But is punishing some jackasses worth diluting the term?