LAW OF LAND WARFARE

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LAW OF LAND WARFARE

• FM 27-10

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Terminal Learning Objective

• Action Identify what actions are legal and
• what actions are illegal as they relate to the
• treatment of captured personnel.
• Condition Classroom Environment
• Standards IAW OSA FY03 CTG

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Safety Requirements NONE Risk Assessment
Level LOW Environment Considerations NONE
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CLASS OVERVIEW

• The principles, spirit, and intent of the Geneva
  Conventions
• The law of war prohibiting unnecessary
  destruction
• The law of war requiring humane treatment of
  prisoner of war(pow's), other captured and
  detained personnel, and civilians

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CLASS OVERVIEW (CONT.)

• The obligation not to commit war crimes
• The Obligation to report all violations of the
  Law of War
• The significant provisions of the Geneva
  Convention relative to the treatment of Prisoners
  Of War (PW)

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THE LAW OF LAND WARFARE

• Will not inflict unnecessary destruction or
  suffering in accomplishing our military mission
• Will treat prisoners of war, other captured or
  detained personnel humanely
• Will not obey an order whose execution is a crime
  in violation of the Law of Land Warfare

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THE LAW OF LAND WARFARE

• Are personally responsible for unlawful acts
  committed by ourselves
• Are entitled to humane treatment if we are
  captured or detained by the enemy

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PROHIBITIONS ON TARGETS

• The regulations prohibit the destruction or
  seizure of enemy property unless imperatively
  demanded by the necessities of war
• Under the provisions of the Geneva conventions a
  military target or a place occupied by a
  combatant force, can be attacked however, the
  attack or shelling by any means whatsoever of
  undefended towns, buildings, villages are
  prohibited

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PROHIBITIONS ON TARGETS

• We should also remember that in attacks and
  shelling all necessary measures must be taken to
  spare, as far as possible , buildings dedicated
  to religion, art, science
• or charitable purposes
• The same applies to historical monuments

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ILLEGAL TRICKS AND METHODS

• IDENTIFYING BUILDINGS AS HOSPITALS BUT IN REALITY
  THEY WERE BEING USED AS DIRECT MILITARY PURPOSES
• PRETENDING TO SURRENDER IN ORDER TO FACILITATE AN
  ATTACK

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PROHIBITIONS ON WEAPONS

• THE EMPLOYMENT OF ARMS , MATERIAL, OR PROJECTILES
  DESIGNED TO CAUSE UNNECESSARY SUFFERING IS
  PROHIBITED
• WOULD THE WEAPON NEEDLESSLY CAUSE OR AGGRAVATE
  SUFFERING?
• DOES THE WEAPON VIOLATE ANY SPECIFIC OR IMPLIED
  PROHIBITION CONTAINED IN ANY TREATY

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HUMANE TREATMENT OF NONCOMBATANTS

• BASIC RULE TREAT ALL PRISONERS OF WAR,
  CIVILIANS, OR OTHER DETAINED PERSONNEL HUMANELY.
• YOU CAN FULFILL YOUR MILITARY MISSION SUCH AS
  SEARCH, SEIZE, SEGREGATE, SPEED, AND SAFEGUARD
• BASIC RULE TREAT ALL POW'S AND DETAINEES WITH
  HUMANE TREATMENT LIKE YOU WOULD EXPECT IF IT WAS
  YOURSELF

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RIGHTS TO WHICH PRISONERS ARE ENTITLED

• FOOD AND HOUSING
• MEDICAL CARE
• RELIGIOUS FREEDOM
• PERSONAL PROPERTY
• OTHER PRIVILEGES
• INTERROGATION
• OBSERVANCE OF CAMP REGULATIONS
• WORK

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Humane Treatment( FM 27-10, para. 88 - 96, 266)

• Everyone is Entitled
• No Degrading or Humiliating Treatment
• Protected From Violence Intimidation
• Shielded From Insults Public Curiosity
• Given Respect for Their Persons Honors
• No Reprisals Allowed

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Equal Treatment(FM 27-10, para 92)

• Required Regardless of Race, Religious Beliefs,
  Nationality, Political Opinions, or Other
  Distinctions Based on Similar Criteria.
• May Be Segregated in Order to Maintain Order in
  the Camp, to Impose Punishment, for Medical
  Reasons or Protection.
• Women must have separate facilities and be
  treated as favorably as men.

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HUMANE TREATMENT OF POW'S

• A COMMANDER WILL NOT PUT HIS PRISONERS TO DEATH
  BECAUSE THEIR PRESENCE RETARDS HIS MOVEMENT OR
  DIMINISHES HIS POWER OF RESISTANCE BY
  NECESSITATING A LARGE GUARD.
• IT IS LIKEWISE UNLAWFUL FOR A COMMANDER TO KILL
  HIS PRISONERS ON GROUNDS OF SELF PRESERVATION,
  EVEN IN THE CASE OF COMMANDO OR AIRBORNE
  OPERATIONS

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HUMANE TREATMENT OF CIVILIANS

• ALL PERSONS WILL BE TREATED WITH CONSIDERATION
  AND WITHOUT ANY ADVERSE DISTINCTION BASED ON
  RACE, RELIGION, OR POLITICAL OPINION
• MEMBERS OF THE CIVILIAN POPULATION CANNOT BE
  BRUTALIZED OR EXECUTED

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SOLDIERS RESPONSIBILITIES

• U.S. SOLDIERS ARE SWORN TO THE GENEVA- HAGUE
  CONVENTION TREATIES AND ARE TO CARRY OUT THESE
  RULES DURING THEIR TENURE IN COMBAT
• U.S. SOLDIERS WILL BE HELD RESPONSIBLE FOR THEIR
  ACTIONS AND ARE PUNISHABLE BY THE U.C.M.J. FOR
  ANY VIOLATIONS

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WAR CRIMES

• Using poisoned or otherwise forbidden arms or
  ammunition, such as dum dum bullets
• Pretending to surrender as a trick
• Mutilation of dead bodies
• Firing on churches, hospitals etc. which are of
  no military importance
• Abuse of or firing on the flag of truce
• Misuse of the red cross emblem
• Use of civilian clothing to disguise themselves

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Commanders Duties Responsibilities

• CDRs Can Be Criminally Liable for War Crimes If
  They
• Ordered the War Crime,
• Knew About the War Crime BUT Did
  Nothing to Stop it, or
• The CDR Should Have Known of the Crime and Did
  NOT Act to Stop it.
• Commanders Also Have a Duty to Investigate War
  Crimes Promptly

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Soldiers Duties and Responsibilities

• Watch for Evidence of Prior Abuse
• Document Report any Suspicions of Prior Abuse
• You MUST Report Violations Suspected Violations
  of Laws of War as Serious Incidents.
• Responsible for Own Acts or Omissions which
  Violate Law of War
• Must NOT Obey Unlawful Orders
• If Soldier Receives Unlawful Order, Soldier
  Should Try to Prevent the Order From Being
  Carried Out

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Dealing With Illegal Orders

• Clarify Unclear Orders
• If the Order is Illegal,
  The Soldier MUST State So
• Use Moral Arguments
• Threaten to Report the Act
• Ask the Senior Soldier to Stop the Act
• Refuse to Obey the Order
• If the Order is NOT Withdrawn, or
  the Act IS Committed, Report Incident or Order

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Reasons for Reporting War Crimes

• Enemy War Crimes Can Be the Basis for Legitimate
  Reprisals.
• Publishing Enemy War Crimes Can Be Used to
  Influence Public Opinion, Including Soldiers,
  Against the Enemy.
• Reporting Allied War Crimes Helps us follow
  Geneva Convention Rules on Transferring Captives

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ANY QUESTIONS ?