Transcript 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, 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.

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
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
Did
Soldier’s Duties and
Responsibilities

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

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 ?