MILITARY JUSTICE AND YOU. WHY DO WE HAVE A SEPARATE MILITARY JUSTICE SYSTEM?. PROMOTE JUSTICE HELP MAINTAIN GOOD ORDER AND DISCIPLINE IN THE ARMED FORCES PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE MILITARY STRENGTHEN NATIONAL SECURITY. COMPARISON OF MILITARY AND CIVILIAN JUSTICE SYSTEMS.
MESS IT UP AND GET YOUR NAME MEMORIALIZED IN AN APPELLATE COURT OPINION!
Offenses Should Be Disposed of in a Timely Manner, at the Lowest Appropriate Level
“... any COMMANDING OFFICER
may, in addition to or in lieu of
admonition or reprimand,
impose one or more of the
punishments for minor offenses
without the intervention of a court-martial...”
BAD CONDUCT SPECIAL
PREFER & FORWARD CHARGES
(in lieu of arrest)
INFORM THE SJA!
1) Commander may NOT order a subordinate to dispose of a case in a certain way.
2) Commander must not have an inflexible policy on disposition or punishment.
3) Commander, if the accuser, may NOT refer the case.
4) Commander may neither select nor remove court members in order to obtain a particular result.
5) No outside pressures may be placed on the judge or court members to arrive at a particular decision.
6) Witnesses may NOT be intimidated or discouraged from testifying.
7) The COURT decides punishment. Accused may NOT be punished before trial.
8) Recognize that subordinates & staff may “commit” command influence that will be attributed to the CO, irregardless of his knowledge or intentions.
9) Commander may not have an inflexible attitude towards clemency.
10) If a mistake is made, raise the issue immediately.
At the conclusion of this session, you will be able to:
Suitability is based on CONDUCT
(Discussion of Scenarios)
HISTORY OF THE LAW OF WAR
“War is an act of force to compel our enemy to do our will. … Attached to force are certain self-imposed, imperceptible limitations hardly worth mentioning, known as international law and customs, but they scarcely weaken it.”
“The Armed Forces of the United States will comply with the law of war during the conduct of all military operations and related activities in armed conflict, however such conflicts are characterized.”
12 August 1996
1949 Geneva Conventions
RESPECT FOR THE LAW OF WAR SEPARATES UNRULY MOBS FROM PROFESSIONAL SOLDIERS.
NOT FORBIDDEN BY INTERNATIONAL
LAW AND INDISPENSABLE FOR COMPLETE SUBMISSION OF THE ENEMY AS SOON AS POSSIBLE (FM 27-10 PAR. 3)
UNNECESSARY SUFFERING MUST NOT BE EXCESSIVE IN RELATION TO THE CONCRETE AND DIRECT MILITARY ADVANTAGE
FM 27-10, para. 41, Ch 1
1. All weapon systems in the
U.S. inventory are legal
2. Military advantage v. suffering caused
3. “Legal” weapons can be used illegally
4. Prohibited weapons
1. No “second use” anymore
2. Riot Control Agents (RCA): probably no use anymore
1. The U.S. has renounced all use
of biological weapons
2. The U.S. will use herbicides only
for domestic or defensive purposes
3. The U.S. will not use herbicides
first in armed conflict
Prohibited activities include:
- misuse of symbols
- feigning surrender
- killing EPWs
- misuse of protected places
- human shields
RAMPA TRAINING SYSTEM FOR RULES OF ENGAGEMENTRETURN FIREANTICIPATE ATTACK.MEASURE THE AMOUNT OF FORCE USED.PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.
OPERATORS AND TRAINERS,
ROE = INFLUENCE OF POLITICAL FACTORS
ON BATTLEFIELD SITUATIONS
GETTING IT WRONG MAY CAUSE
“YOU ARE AUTHORIZED TO USE DEADLY FORCE IN SELF-DEFENSE IF THERE IS A CLEAR DEMONSTRATION OF HOSTILE INTENT IN YOUR PRESENCE.”
JTF CORTINA: “FOR EACH MISSION, PILOTS MUST BE BRIEFED ON THE LOCATIONS OF CIVILIANS AND FRIENDLY FORCES.”
JTF-B, HONDURAS: MILITARY PERSONNEL RECEIVING HOSTILE FIRE ARE AUTHORIZED TO RETURN FIRE, IF THIS IS NECESSARY IN SELF-DEFENSE.
TOO MUCH LEGALISM, NOT ENOUGH TRAINING FOCUS
USING ROE = A TASK LIKE ANY OTHER
HAND - WHAT IS HE HOLDING?
S (ize) - HOW MANY?
A (ctivity) - WHAT IS HE DOING?
L (ocation) - HOW CLOSE? HOW NEAR OTHERS?
U (niform) - IS HE IN UNIFORM/ORGANIZED?
T (ime) - HOW SOON UNTIL HE’S ON YOU?
E (quipment) - WHAT WEAPONS?
V - VERBAL WARNING IN LOCAL LANGUAGE;
E - EXHIBIT WEAPON
W - WARNING SHOT
P - PEPPER SPRAY
R - RIOT STICK
I - INJURE WITH FIRE
K - KILL WITH FIRE
IT’S THE AMERICAN WAY OF WAR