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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

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terminal learning objective
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

slide3

Safety Requirements

NONE

Risk Assessment Level

LOW

Environment Considerations

NONE

class overview
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
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
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 warfare7
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
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 targets9
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
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
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
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
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
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 para 92
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
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
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
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
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
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
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
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
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
ad