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gunsandspaceships · 22 days

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Recruiting Peter in Civil War: a War Crime?

Today we are going to review this statement:

Tony “blackmailed a teenager to help fight his battles for him (Civil War) (which for the record, constitutes as a fucking war crime)”.

Part 1. Not a war crime: check my post about war crimes here. War crime is a crime committed during a war, by a party of the conflict.

MCU's “Civil War” was not a war. It was a conflict between a few people, that included one fight and a chase. The fight at the end of the movie between Tony and Steve with Bucky was not a part of this particular conflict, but a conflict on its own. From the government’s side, this situation was a law enforcement operation to capture a group of fugitives, where Tony’s side represented the law enforcement group under U.N. authority, not a nation’s armed forces.

The definition of Armed Forces: “the combined military, naval, and air forces of a nation”.

Source

In comics (Earth 616) it was indeed a war, but not in the MCU. That’s first.

Second, “Under the Statute of the International Criminal Court, conscripting or enlisting children into armed forces or groups constitutes a war crime in both international and non-international armed conflicts (ICC Statute, Article 8(2)(b)(xxvi) and (e)(vii)).”

Tony did not enlist Peter in the armed forces or the Avengers.

And third, “The bans on recruitment of children below the age of 15 enshrined in Article 77 of Additional Protocol I, and in Article 4 of Additional Protocol II are also considered to prohibit accepting voluntary enlistment (P I, Art. 77 (2); P II, Art. 4(3)(c)).”

“2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest.” (Protocol Additional to the Geneva Conventions of 12 August 1949, Art. 77 (2)).

Here we got to an actual error from the SMFFH filmmakers’ side. Before SMFFH Peter’s age at the time of Civil War was planned to be 15 (see directors’ and screenwriters’ commentaries). In SMFFH Peter’s birthday was set to Aug 10, 2001, making him 14 years old at the time of Civil War. We cannot use random date placements made by SMFFH creators to define serious stuff, and also use another movie’s filmmakers’ decisions that were made after Civil War. So we must go with the fact that at the time of Civil War Peter was 15 years old, as was stated by the creators of CA:CW.

Conclusion: Peter was 15 years old, and if he were recruited to participate in a war, it would not be a war crime. But, he also was not enlisted in the armed forces. And Civil War was not an actual war, but a law enforcement operation under UN jurisdiction. So, yes, Tony is not a war criminal. Again. Very disappointing.

If you guys have any other ideas of how to accuse him of war crimes – go ahead. I’ll check them all.

#tony stark #iron man #mcu #marvel #the avengers #captain america civil war #peter parker #spiderman

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julietashton · 1 year

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it’s hard to be anywhere these days (when all i want is you) - one

Summary — There was no such thing as safety, and no one could protect anyone. And yet, Peter was willing to try—it was the point of the whole thing.

Content — tomholland!peterparker, mcu!peterparker, ofc (original female character), irondad

Note — This is a a re-telling of some of the events in Endgame and SMFFH with an original female character that is also Tony Stark’s daughter.

one.

Peter shouldn’t have come.

Every rational part of him had warned him against it and yet, no matter how many years had passed or how many people had been hurt, he still hadn’t learnt his lesson.

He was stupid. He was soft. He was weak.

But how could he have said no to Tony’s invitation? He had finally gained mobility again and his new arm was functioning as well as could be expected. It was the closest to normal he had been for two years, and he wasn’t going to cast a shadow on that happiness—not this time, anyway.

Pepper was the one to open the door, and she was evidently surprised to see him. He knew that, despite the average farm look, the house was probably better secured than the Pentagon and was harder to break in than any intelligence building in the world. He still had access to it, but he hadn’t wanted to use that privilege.

He didn’t think he deserved it.

“Peter?” the woman gasped.

“Hello, Miss Potts,” he replied quietly.

She embraced him in a motherly hug, and he had to gulp down the urge of crying.

***

It was even harder to keep up the façade with Tony, especially when he didn’t hide his tears at the sight of Peter. Seeing him after so long, living up to the legacy of being Iron Man now more than ever with his armour as part of him, made everything more real.

And yet, no matter how much time had passed, Peter would always see him as the father figure he’d desperately always needed and wanted. It was almost an instinct to let his guard down around him, because Peter still felt like the man could protect him. He felt safe with Tony.

Which was ridiculous. There was no such thing as safety, and no one could protect anyone.

(And yet, Peter was willing to try—it was the point of the whole thing.)

***

Peter knew she had arrived before FRIDAY announced her. It seemed that the body and senses didn’t differ much from the mind—they still remembered everything; from the rhythm of her footsteps, to the beating of her heart, to her sweet scent of cinnamon and vanilla.

It hit him harder than he thought it would, no matter how much he’d prepared himself for it.

The sight of her was worse.

Physically, she hadn’t changed at all and, in a way, that hurt him more. It was trickier to keep himself on his toes if she looked the same, because it was easy to imagine no time had passed, that all the suffering hadn’t happened, and that he still had a chance.

“Peter?” Sophia gasped when she noticed him, blinking several times as if she thought her eyes were deceiving her.

He couldn’t blame her, no matter how angry he wanted to be at the way her voice and accent still managed to send his heart racing. When their eyes met halfway, he realised how foolish he’d been, and how he’d overestimated himself.

Had he really thought he could be in the same room as her without feeling anything?

Idiot.

It took everything in him not to fall to his knees, rip his heart out and offer it to her in his bloody hands.

When Sophia approached him slowly, almost as if she was afraid he would vanish into thin air, Peter felt like he was dying. He really couldn’t predict what her reaction would be, and not for the first time, the idea of her screaming at him to leave and never set foot near her or her father again crossed his mind.

His nightmares began a lot like this.

But she didn’t do such a thing. Surprising him the way she had always done, Sophia smiled softly and reached out to place a hand on his shoulder, to squeeze it affectionately.

Peter could have burst into flames.

“I’m so glad to see you, Peter,” she whispered. “Welcome home.”

***

There was a ring on her finger; sparkly, with a diamond the size of a golf ball. And Peter heard it perfectly when Pepper asked Sophia about some Brad, even if they had been in another room.

He had been expecting something like that. Not the engagement, certainly, but he had expected her to be in a relationship.

He hadn’t expected it to feel like that.

Peter had never given his future a lot of thought. He had always known he’d wanted to go to MIT and work in science, but he had never thought that much ahead in other aspects of his life. Perhaps it came from his experiences, and the fact that his parents had been very young when they had died so, unconsciously, he had never seen the point of planning his life. What was the point of thinking that far ahead when everything was so unpredictable?

But it had been around a year ago when he’d been stopping a mug near a small chapel, and a couple of newly weds had come out looking radiantly happy. Peter usually didn’t pay attention to that, but, at first glance, the woman had reminded him physically of Sophia.

That same night, flashes of her in white assaulted his dreams, unlocking a desire he didn’t even know he’d had until then.

“Hey.”

Peter turned to look at Sophia, even if he had felt her coming. She was carrying a small plate with cake and a glass of white wine.

“Hey,” he replied, forcing himself not to stare for too long.

It was hard, too hard, because he hadn’t seen her in a year and she was lovely and he had missed her so much it was almost a physical ache.

“I brought you cake,” she told him, extending the plate to him.

“Thank you,” he replied quietly. “And wine?”

“Oh, no, the wine’s mine,” she grinned.

His heart skipped a bit. That cheeky grin had always been his undoing. He had to look away and distract himself with trying the cake, even if his stomach was a ball of nerves.

A silence fell upon them, and there was genuinely no sound around. The farm was isolated in a way that was both peaceful and nerve-wracking. Peter didn’t think he could take it and he couldn’t understand how Tony did.

“Very different from the penthouse in Manhattan, huh?” Sophia said knowingly, somehow reading his thoughts.

It didn’t surprise him. She’d always been able to do that.

“Very,” he admitted. “Do you visit often?”

Sophia nodded. “As much as I can, but it’s really not my scenery.”

Peter’s lips curved up without realising it. “No, it isn’t.”

“Dad’s getting tired of it too,” she commented, taking a sip of her wine. “So I think it’s only a matter of time he decides to move back to New York—or maybe somewhere in the middle, like LA.”

“LA?” Peter repeated, unable to hide his surprise. “I thought he never wanted to go back to LA after what happened with the Mandarin.”

“Well, it wouldn’t be the same location,” Sophia shrugged. “But New York’s too crowded. He’s always had more privacy in LA without sacrificing civilization like he’s done here.”

“Right,” he gulped down, trying not to show how the news was crushing him.

He didn’t like the idea of Tony going to live in LA—it was too far from New York. He already had a hard time with their current distance and it was only an hour away, even if he didn’t visit the farm much. It was the notion of it.

Sophia’s eyes were on him, clearly studying his reaction, but she didn’t say anything.

“He misses you, you know,” she told him after a while. “He would go back to New York right now if he knew you’d visit him there.”

He had to put down the cake. He felt like throwing up.

“It’s been—it’s been busy,” he said.

Sophia arched an eyebrow, evidently knowing that was bullshit because, no matter how busy the city could get, Peter would always make time to be with Tony before.

She opted not to address it directly; instead, she went for another kill:

“How’s May?” she asked. “Has she remembered you?”

Peter stiffened. “No.”

“She remembers Pepper and Happy,” she pointed out without mercy. “But I guess that’s because they actually go and visit her.”

She wasn’t intimidated by the glare she got from him. If anything, she grew bolder, because she crossed her arms and raised her eyebrows at him, daring him to contradict her.

The worst part was that he couldn’t, but he had never expected her to understand what he was doing.

“I think I should go,” he gritted out, without looking at her.

Sophia scoffed. “Should I give you my wedding invitation now? I wasn’t planning on handing them out until a few months but who knows when I’ll see you next?”

Peter winced. “Congratulations, by the way.”

She narrowed her eyes. “Will you even go?”

“Go where?”

“To my wedding.”

He stared at her. “Am I really invited?”

“Of course you are!” Sophia exclaimed angrily. “You might be capable of ignoring everyone who’s ever cared about you, but I’m not!”

“I don’t ignore them,” Peter snapped, unable to keep up the façade. “That’s not what I do. I will always be there for everyone if they need me.”

“Oh, really? Then where have you been these past two years?”

“I’ve been protecting you!”

“Protecting us?” she laughed bitterly. “Is that what you call staying away from everyone you love?”

“YES!” Peter exploded, glowering at her. “Yes, that’s exactly what I call it!”

Sophia shook her head. “That’s bullshit, Peter, and you know it.”

“I don’t expect you to understand it, Sophia,” he bit back. “But it’s the right thing to do.”

“The right thing to do? Is that what you tell yourself to quiet down the guilt?” she snorted. “Does it ever work?”

Peter scowled. “It works when I look at you and see you all safe.”

“And you think we’re safe because you’re staying away from us?” Sophia laughed incredulously. “I can’t believe someone as smart as you believes something so stupid.”

He reacted as if she’d punched him, but she didn’t cower. Sophia took two steps until she was on his face and gave him her worst scowl.

“We’re safe because we take care of ourselves. We’re safe because we take care of each other,” she hissed. “Not because Spider-Man’s enemies don’t consider us a target… get that stupid idea out of your head before you end up alone!”

“I’d rather end up alone than attend your funeral, Sophia!”

“I am Iron Man’s daughter!” she shrieked, shoving him angrily, even if it was useless; he didn’t move an inch. “I was a target before that spider even bit you!”

“And I won’t make you an even bigger one!”

Sophia rolled her eyes. “This isn’t even about me, Peter. I gave up on you a long time ago.”

That struck him harder than anything she’d ever said, and even breathing became a painful thing to do. He stilled and stared at her, his blood and bones becoming ice cold.

“I’m telling you this because you’re hurting people—my father, your aunt, Ned. When are you going to stop pushing them away?”

“My aunt almost died!” he cried out. “She almost died because of me!”

“It was an accident, Peter!”

“An accident I should have been able to stop!”

Sophia shook her head, and the disappointment was so palpable that it cut him open.

“It’s evident you’re determined to crucify yourself. I can’t help you if you won’t help yourself.”

She didn’t even look at him again before she went back inside the farm house, leaving Peter alone and in the cold.

two.

#peter parker #peter parker fanfiction #peter parker fanfic #spiderman fanfiction #tom holland fanfiction #peter parker x ofc #mcu!peter parker #peter parker x stark!reader #peter parker imagine #tom holland imagine #marvel fanfiction #mywriting

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