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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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LAW OF LAND WARFARE

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Law of land warfare l.jpg

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, 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.


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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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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


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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 Soldier’s, Against the Enemy.

  • Reporting Allied War Crimes Helps us follow Geneva Convention Rules on Transferring Captives


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ANY QUESTIONS ?


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