LAW OF LAND WARFARE

LAW OF LAND WARFARE FM 27-10

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

Safety Requirements NONE Risk Assessment Level LOW Environment Considerations NONE

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

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)

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

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

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

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

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

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

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

RIGHTS TO WHICH PRISONERS ARE ENTITLED • FOOD AND HOUSING • MEDICAL CARE • RELIGIOUS FREEDOM • PERSONAL PROPERTY • OTHER PRIVILEGES • INTERROGATION • OBSERVANCE OF CAMP REGULATIONS • WORK

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

Equal Treatment(FM 27-10, para92) • 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.

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

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

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

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

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

Soldier’s 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

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

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 Soldier’s, Against the Enemy. • Reporting Allied War Crimes Helps us follow Geneva Convention Rules on Transferring Captives

ANY QUESTIONS ?

LAW OF LAND WARFARE