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Introduction to Military Law Command and Control Law of Armed Conflict

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Title: Introduction to Military Law Command and Control Law of Armed Conflict


1
Introduction to Military LawCommand and
ControlLaw of Armed Conflict
  • Week Three
  • 30 Jan 08
  • Lt Col Jennifer Rider

2
COMMAND AND CONTROL
3
Overview
  • The basics definitions
  • Organizations within
  • the military chain of
  • command
  • Command relationships
  • Command authority

4
What does Command mean?
The authority that a commander in the Armed
Forces lawfully exercises over subordinates by
virtue of rank or assignment. Command includes
the authority and responsibility for effectively
using available resources and for planning the
employment of, organizing, directing,
coordinating, and controlling military forces for
the accomplishment of assigned missions. It
also includes responsibility for health, welfare,
morale, and discipline of assigned
personnel. DOD Dictionary Joint Pub 1-02

5
What does Command and Control mean?
The exercise of authority and direction by a
properly designated commander over assigned and
attached forces in the accomplishment of the
mission. Also called C2. DOD Dictionary
Joint Pub 1-02

7 October 2004
6
What does Chain of Command mean?
The succession of commanding officers from a
superior to a subordinate through which command
is exercised.
DOD Dictionary Joint Pub 1-02

7 October 2004
Link for DOD Dictionary http//www.dtic.mil/doct
rine/jel/doddict/index.html
7
What does JOINT mean?
Connotes activities, operations, organizations,
etc., in which elements of two or more Military
Departments participate DOD Dictionary Joint
Pub 1-02

Modern warfare demands we (the military) fight as
a integrated teamAmerican military operations
are conducted under JOINT force commandersin
other words


WE FIGHT
8
Overview
  • The basics definitions
  • Organizations within the military chain of
    command
  • Command relationships
  • Command authority

9
The BIG Picture
10
How is command and control exercised?
  • By the President and SECDEF through two distinct
    branches
  • Operational Direction of forces assigned to
    combatant commands
  • Administrative Other than operational direction
  • Operational branch
  • President through SECDEF to the combatant
    commanders (and subordinates if authority is
    delegated)
  • Administrative branch
  • President through SECDEF to Service secretary to
    CSAF to MAJCOM/NAF/WING


11
The President
  • The President holds the constitutional authority
    to direct the Armed Forces
  • The President shall be Commander in Chief of the
    Army and Navy of the United States, and of the
    Militia of the several States, when called into
    the actual Service of the United States.
  • U.S. Constitution, Article II, Section 2

12
The Secretary of Defense
  • The Secretary of Defense is the Principal
    National Security Advisor to the President
  • Subject to the direction of the President
  • has authority, direction, and control over the
    DoD. 10 U.S.C. 113

13
The Role of Congress
  • U.S. Constitution, Article I, Section 8
  • To declare War
  • To raise and support Armies
  • To provide and maintain a Navy
  • To make Rules for the Government and Regulation
    of the land and naval Forces the Uniform Code of
    Military Justice and
  • To make all Laws which shall be necessary and
    proper for carrying into Execution the foregoing
    Powers. including fiscal matters

14
The Role of Congress
  • U.S. Constitution, Article I, Section 8
  • To declare War
  • To raise and support Armies
  • To provide and maintain a Navy
  • To make Rules for the Government and Regulation
    of the land and naval Forces the Uniform Code of
    Military Justice and
  • To make all Laws which shall be necessary and
    proper for carrying into Execution the foregoing
    Powers. including fiscal matters

15
The National Security Council
  • Chaired by the President
  • Presidents principal forum for considering
    national security and foreign policy matters
  • Function Council advises and assists the
    President on national security and foreign policy

16
The National Security Council
  • Chaired by the President
  • Presidents principal forum for considering
    national security and foreign policy matters
  • Function Council advises and assists the
    President on national security and foreign policy

17
The BIG Picture
18
The Armed Services
  • 3 Military Departments Air Force, Army, Navy (
    Marines), sometimes USCG
  • Service Secretaries are responsible for
  • Recruiting
  • Organizing
  • Supplying
  • Equipping
  • Training
  • Services DO NOT fight wars!!

19
The Air Force
  • Major Commands
  • ACC, AMC, AETC, AFMC, AFSOC, USAFE, PACAF
  • Numbered Air Forces
  • 1st AF, 9th AF, 12th AF, etc.
  • Wings
  • Groups
  • Squadrons

20
The BIG Picture
21
The Chairman of the Joint Chiefs of Staff
  • Not a Commander
  • The Principal Military Advisor to the President
    and SECDEF
  • Presides over JCS
  • Assists communication between the
    President/SECDEF and the Combatant Commanders
  • Coordinates with Combatant Commands
  • Roles and missions
  • Programs and budgets
  • Doctrine and joint training

22
The Chairman of the Joint Chiefs of Staff
  • Not a Commander
  • The Principal Military Advisor to the President
    and SECDEF
  • Presides over JCS
  • Assists communication between the
    President/SECDEF and the Combatant Commanders
  • Coordinates with Combatant Commands
  • Roles and missions
  • Programs and budgets
  • Doctrine and joint training

23
Goldwater-Nichols
  • The Goldwater-Nichols DoD Reorganization Act of
    1986
  • Biggest change to DoD since NSA of 1947
  • CJCS made principal military adviser
  • CJCS manages Joint Staff
  • Assigned all forces to Combatant Commanders
    except those performing service-only functions

24
The BIG Picture
25
Combatant Commands
  • Broad continuing mission
  • Single commander designated by President through
    SECDEF
  • Receives advice and assistance of CJCS
  • Typically have geographic or functional
    responsibilities
  • Authority derived from
  • 10 USC 164
  • Unified Command Plan (UCP)

26
Combatant Commands
  • Geographic-- mission is defined by a general
    geographic area of responsibility
  • Functional--mission is worldwide performance of
    a warfighting function

27
Geographic Combatant Commands
  • US EUROPEAN COMMAND
  • USEUCOM
  • US PACIFIC COMMAND
  • USPACOM
  • US SOUTHERN COMMAND
  • USSOUTHCOM
  • US NORTHERN COMMAND
  • USNORTHCOM
  • US CENTRAL COMMAND
  • USCENTCOM

28
(No Transcript)
29
Functional Combatant Commands
  • US TRANSPORTATION COMMAND
  • USTRANSCOM
  • US STRATEGIC COMMAND
  • USSTRATCOM
  • US JOINT FORCES COMMAND
  • USJFCOM
  • US SPECIAL OPERATIONS COMMAND
  • USSOCOM

30
The BIG Picture
31
Service Component Commands
  • Includes all Service forces assigned to a
    combatant command
  • Commanded by Services senior officer assigned to
    forces
  • e.g., for the AF it is the COMAFFOR Commander,
    Air Force Forces

Lt Gen Buchanan
32
Service Component Commands
  • Responsibilities based on Services support
    function (organize, train, equip)
  • Advise on proper employment of forces
  • Conduct joint training
  • Responsible for Service specific logistics
  • Conduct operational missions if assigned by
    combatant commander / JTF commander
  • OPCON / TACON delegated by combatant commander or
    JTF commander
  • ADCON of Service forces through the Service chain
    of command

33
The BIG Picture
34
Functional Component Commands
  • Established by Joint Force Commander (JFC)
    (combatant commander) or JTF commander
  • Forces, responsibilities, and authorities
    assigned /delegated to the functional component
    commander
  • Performs operational missions
  • Joint Forces Air Component Command
  • Joint Forces Land Component Command
  • Joint Forces Maritime Component Command
  • Includes forces from more than one service
  • Authorities delegated OPCON and/or TACON

35
The BIG Picture
36
The Joint Task Force (JTF)
  • A JTF is a joint force typically designated by
    SECDEF or a Combatant Commander.
  • It may be established on either a geographical
    area or on a functional basis.
  • JTF-Southwest Asia
  • JTF-Computer Network Operations
  • Usually for a limited duration accomplishment
    of mission/purpose
  • The commander of a JTF will normally be delegated
    OPCON by the combatant commander
  • May have subordinate functional components or
    service components

37
Overview
  • The basics definitions
  • Organizations within the military chain of
    command
  • Command relationships
  • Command authority

38
Command Relationships Other Authority
  • Combatant Command (COCOM)
  • Operational Control (OPCON)
  • Tactical Control (TACON)
  • Support
  • Other Authority - Administrative Control (ADCON)

39
Combatant Command (COCOM)
  • Vested only in commanders of Combatant Commands
  • Non-delegable/non-transferable
  • Authoritative direction to subordinate commands
    forces necessary to carry out missions assigned
    to the command including
  • Military operations
  • Joint training, and
  • Logistics
  • COCOM includes all authorities discussed in
    OPCON, TACON and Support

40
Operational Control (OPCON)
  • Authoritative direction over subordinate forces
    involving all aspects of military operations
    necessary to accomplish assigned missions
  • Organizing
  • Employing
  • Assigning tasks
  • Designating objectives
  • Prescribe chain of command to subordinate
    commands and forces
  • Exercised at levels at or below Combatant Command
  • Inherent in COCOM
  • Delegable

41
Tactical Control(TACON)
  • Command authority over assigned or attached
    forces made temporarily available to control and
    direct
  • Movements or maneuvers to accomplish assigned
    missions or tasks
  • Does not provide organizational authority
  • Typically exercised by functional component
    commanders
  • Exercised levels at or below Combatant Command
  • Inherent in COCOM and OPCON
  • Delegable

42
Support
  • Established by a superior commander between
    subordinate commanders
  • One organization to aid, protect, complement, or
    sustain another organization
  • Exercised at levels at or below Combatant Command
  • Inherent in COCOM
  • Establishing directive specifies
  • Purpose of relationship
  • Effect desired
  • Scope of support relationship (general, mutual,
    direct or close)
  • Degree of authority of supported commander over
    supporting commander

43
Administrative Control(ADCON)
  • Authority over subordinate organizations for
  • Administration
  • Support
  • Synonymous with Title 10 organize, train and
    equip Service responsibilities
  • May be delegated
  • Included in ADCON
  • Discipline
  • Organization of service forces

44
Administrative Control(ADCON)
  • Includes (contd) such matters as
  • Control of resources equipment
  • Personnel management
  • Individual and unit training
  • And all other matters not included in the
    operational missions
  • Key area for deployed legal personnel
  • Issues associated with Reserve/ANG forces

45
Overview
  • The basics definitions
  • Organizations within the military chain of
    command
  • Command relationships
  • Command authority

46
Command Authority The Commander
  • Only one person in a command billet per
    organization
  • Statutory obligations (e.g., Court-Martial
    Convening Authority or Article 15 Authority)

Lt Gen John F. Regni Commander, Air University
47
Who Can Be A Commander?
  • AFI 51-604 sets out the rules
  • Two ways to be a commander
  • Assumption - most senior
  • Senior is presumed most qualified
  • Promotions premised on ability to assume duties
    of the next higher grade
  • DUTY to command
  • Appointment - viewed as most qualified
  • Equal or Senior in grade
  • Not necessarily senior in rank

48
Requirements for Command
  • To command an organization, an officer must be
  • Assigned to the organization
  • Present for duty (can be absent for short
    periods for TDYs and leave)
  • Otherwise eligible and authorized to command the
    organization

49
Special Rules
  • Flying units
  • Think wings
  • Aeronautical rating
  • Civilians
  • Enlisted
  • JAGs AFLSA/CC
  • Chaplains
  • Medical personnel

50
LAW OF ARMED CONFLICT
LAW OF ARMED CONFLICT
51
Use of Force
  • UN Charter
  • Member nations must resolve conflicts peacefully
    refrain from threat or use of force
  • What justifies a use of force?
  • Actions authorized by UN Council under Chapt VII
    of UN Charter
  • Art 39 Security Council determines the
    existence of a threat to the peace
  • Art 41 Employ measures short of force
  • Art 42 Can authorize use of force
  • Legitimate act of individual or collective self
    defense under Art 51
  • Anticipatory self defense under customary
    concepts negotiated away?
  • Pre-emptive strike? US Policy advocates use
    risks are too great
  • Collective Self Defense (eg., NATO) does not
    provide international legal basis for use of
    force abroad, per se must be a separate legal
    basis

52
LAW OF ARMED CONFLICT
  • THAT PART OF INTERNATIONAL LAW THAT REGULATES
    THE CONDUCT OF ARMED HOSTILITIES. ALSO CALLED
    THE LAW OF WAR.
  • JOINT PUBLICATION 1-02 (2004)

53
CUSTOMARY AND TREATY LAW
  • Customary international law is binding upon all
    nations
  • Treaty or conventional international law is only
    binding upon those nations that have ratified a
    treaty (unless the treaty provisions become
    customary law)

54
HAGUE AND GENEVA LAW
  • HAGUE CONVENTIONS (1899 1907)
  • APPLICATION OF ARMED FORCE
  • USE AND LEGALITY OF WEAPONS
  • GENEVA CONVENTIONS OF 1949
  • PROTECTION OF COMBATANTS AND NON-COMBATANTS
  • MINIMIZE UNNECESSARY SUFFERING
  • PROMOTE RESPECT FOR THE INDIVIDUAL

55
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56
ADDITIONAL PROTOCOLS OF 1977
  • PROTOCOL I
  • International conflicts
  • Attempt to expand GCs of 1949 and integrate
    Geneva and Hague laws
  • PROTOCOL II
  • Non-international conflicts
  • (e.g., civil wars, insurrections)

57
GENEVA CONVENTIONS OF 1949
  • Wounded and Sick in the Armies in the Field (G. I
    or GWS)
  • Wounded, Sick, Shipwrecked at Sea (G. II or
    GWS Sea)
  • Prisoners of War (G. III or GPW)
  • Civilians (G. IV or GC)

58
LOAC PURPOSES
  • DIMINISH THE EFFECTS OF CONFLICTS
  • PROTECT PERSONS FROM UNNECESSARY SUFFERING.
  • SAFEGUARD THE FUNDAMENTAL RIGHTS OF CIVILIANS,
    PRISONERS OF WAR, AND WOUNDED AND SICK.
  • PREVENT CONFLICTS FROM DEGENERATING INTO
    SAVAGERY AND BRUTALITY.
  • MAKE IT EASIER TO RESTORE PEACE ONCE THE CONFLICT
    IS OVER.

59
APPLICATION OF GENEVA CONVENTIONS
  • Geneva Conventions apply even if war has not been
    declared
  • However, Geneva Conventions apply only to
    conflicts between two or more parties to the
    Conventions
  • (i.e., international conflicts)
  • Only 1 country (Nauru) has not ratified the
    Geneva Conventions

60
PARTICIPANTS IN ARMED CONFLICT
  • COMBATANTS - THOSE AUTHORIZED TO PARTICIPATE IN
    HOSTILITIES
  • NON-COMBATANTS - THOSE NOT AUTHORIZED TO
    PARTICIPATE AND WHO DO NOT
  • UNLAWFUL COMBATANTS - THOSE NOT AUTHORIZED TO
    PARTICIPATE BUT DO SO ANYWAY

61
LAWFUL COMBATANTS
  • MEMBERS OF THE REGULAR ARMED FORCES
  • MEMBERS OF IRREGULAR FORCES
  • MILITIA OR VOLUNTEER CORPS FORMING PART OF THE
    ARMED FORCES
  • OTHER MILITIA OR VOLUNTEERS IF THEY MEET THE
    REQUIREMENTS OF THE GENEVA CONVENTIONS

62
LAWFUL COMBATANT STATUS FOR IRREGULARS
  • ARTICLE 4, GENEVA PRISONER OF WAR CONVENTION
  • COMMANDED BY A PERSON RESPONSIBLE FOR
    SUBORDINATES
  • HAVE A FIXED DISTINCTIVE SIGN RECOGNIZABLE AT A
    DISTANCE
  • CARRY ARMS OPENLY
  • CONDUCT OPERATIONS IN ACCORDANCE WITH THE LAWS
    AND CUSTOMS OF WAR

63
UNIFORMS
  • FIXED DISTINCTIVE SIGN RECOGNIZABLE AT A
    DISTANCE (GPW ARTICLE 4A2(b))
  • UNIFORM FOR REGULAR FORCES NOT OTHERWISE
    ESTABLISHED
  • KEY IS DISTINCTION FROM THE CIVILIAN
    POPULATION
  • CLEAN FLIGHT SUIT IS A UNIFORM

64
NON-COMBATANTS
  • CIVILIANS (INCLUDING MILITARY DEPENDENTS)
  • PROTECTED PERSONNEL (MEDICAL AND CHAPLAINS)
  • PRISONERS OF WAR
  • WOUNDED, SICK, SHIPWRECKED, AND AIRCREWS
    ESCAPING DOWNED AIRCRAFT

65
UNLAWFUL COMBATANTS
  • EXAMPLES
  • CIVILIANS TAKING PART IN HOSTILITIES EXCEPT AS
    PART OF A LEVEE EN MASSE
  • PROTECTED PERSONNEL FIGHTING OTHER THAN IN
    SELF-DEFENSE

66
LOAC LEGAL PRINCIPLES
  • MILITARY NECESSITY
  • DISTINCTION
  • PROPORTIONALITY
  • HUMANITY
  • CHIVALRY

67
MILITARY NECESSITY
  • Permits the application of only that degree of
    regulated force, not otherwise prohibited by the
    laws of war, required for the partial or complete
    submission of the enemy with the least
    expenditure of life, time and physical resources.

68
MILITARY OBJECTIVES
  • Attacks shall be limited to military objectives.
    In so far as civilian objects are concerned,
    military objectives are limited to those objects
    which by their nature, location, purpose, or use
    make an effective contribution to military action
    and whose total or partial destruction, capture,
    or neutralization, in the circumstances ruling at
    the time, offers a definite military advantage.
    (emphasis added)
  • Art. 52(2), Additional Protocol I of 1977 (AP I)

69
PROTECTED PLACES RELIGIOUS, MEDICAL
70
LAWFUL TARGETS
71
LAWFUL TARGETS
72
LAWFUL TARGETS
73
LAWFUL TARGETS
74
LAWFUL TARGETS
75
LAWFUL TARGETS
76
LAWFUL TARGETS?
77
LAWFUL TARGETS
78
LAWFUL TARGETS
79
DISTINCTION
  • Attacker has a duty to distinguish between
    military objectives and civilian objects
  • Attacker cannot intentionally attack civilians or
    employ weapons or tactics that cause excessive
    civilian casualties
  • Defender has a duty to separate civilians and
    civilian objects from military targets

80
PROTECTED PLACES CIVILIAN OBJECTS
Civilian Housing
81
PROTECTED PLACES CULTURAL PROPERTY
82
PROTECTED PLACESENVIRONMENT
83
PROTECTED PEOPLE
84
HOT TOPICDUAL USE TARGETS
Bridges
85
HOT TOPICDUAL USE TARGETS
Bridges
86
HOT TOPICDUAL USE TARGETS
Fertilizer Plant
87
HOT TOPICDUAL USE TARGETS
Power Grids
88
HOT TOPICDUAL USE TARGETS
Radio TV Stations
89
LOAC - TARGETS
  • Protected Places Property
  • Medical Symbols

90
LOAC - TARGETS
  • Protected Places Property
  • Civilian Hospital and Safety Zone for Sick and
    Wounded

91
LOAC - TARGETS
  • Protected Places Property
  • Cultural Property

1954 Hague
1907 Hague
1935 Roerich Pact
92
LOAC - TARGETS
  • Protected Places Property
  • International Sign for Works and
  • Installations Containing Dangerous Forces
  • Dams, Dikes, and Nuclear Power Stations

93
PROTECTED PROPERTY, BUT. . .
94
PROPORTIONALITY
  • Article 57(2)(a), Additional Protocol I
  • Those who plan or decide upon an attack shall
  • (ii) take all feasible precautions in the choice
    of means and methods of attack with a view to
    avoiding, and in any event to minimizing,
    incidental loss of civilian life, injury to
    civilians and damage to civilian objects.

95
PROPORTIONALITY
  • Article 57(2)(a), Additional Protocol I
  • Those who plan or decide upon an attack shall
  • (iii) refrain from deciding to launch any attack
    which may be expected to cause incidental loss of
    civilian life, injury to civilians, damage to
    civilian objects, or a combination thereof, which
    would be excessive in relation to the concrete
    and direct military advantage anticipated.

96
(No Transcript)
97
HUMANITY (Prevent Unnecessary Suffering)
  • Prohibits the employment of any kind or degree
    of force not necessary for the purposes of war,
    that is, for the partial or complete submission
    of the enemy with the least possible expenditure
    of life, time, and physical resources (also
    referred to as the principle of unnecessary
    suffering).

98
HAGUE REGULATIONS (1907)
  • The right of belligerents to adopt ways of
    injuring the enemy is not unlimited.
    Art. 22
  • Especially forbidden to (among other actions)
  • use poison or poisoned weapons
  • kill or wound treacherously
  • kill or wound an enemy who has surrendered
  • declare that no quarter will be given
  • make improper use of flag of truce, enemy
    national flag or military insignia and uniform,
    or distinctive Geneva Convention badges or
  • employ arms, projectiles or material calculated
    to cause unnecessary suffering
    Art. 23

99
LAWFUL WEAPONS - EXAMPLES
  • Incendiary weapons ()
  • Landmines ()
  • Fragmentation weapons and cluster bombs
  • Nuclear weapons ()
  • Shotguns
  • Bean bag ammunition
  • High-explosive Incendiary (HEI) cartridges
  • .50 caliber machine guns against personnel
  • 23 mm cannon against personnel
  • () Indicates treaties that some nations have
    ratified
  • Legal Review of ALL weapons used by US

100
LOAC - WEAPONS
  • Three Ways A Weapon May Be Illegal
  • Question
  • Is the suffering caused by the use of the weapon
    needless, superfluous, or grossly
    disproportionate to the advantage from its use?
  • Per se
  • Weapon designed to cause needless suffering
  • Lance w/ barbed head glass bullets
  • By Improper Use
  • By Agreement or Treaty
  • Chem/Bio Weapons Certain Land Mines

101
UNLAWFUL WEAPONS
  • Poisons
  • Bullets which expand or flatten easily in the
    human body (dum-dum bullets)
  • Projectiles that injure by fragments which in the
    human body escape detection by X-rays
  • Indiscriminate Weapons
  • Biological and Bacteriological
  • Incapable of Being Controlled
  • Chemical

102
CHIVALRY
  • The waging of war in accordance with
    well-recognized formalities and courtesies
  • Permits lawful ruses intended to lawfully mislead
    the enemy
  • Prohibits perfidy - treacherous acts intended to
    take unlawful advantage of the enemy

103
LOAC CHIVALRY/TACTICS
  • Especially Forbidden
  • Cannot kill or injure enemy personnel who
    surrender
  • Cannot treacherously kill or injure enemy
  • Cannot force enemy nationals to take part in
    hostilities against their own country

104
PROHIBITED RUSES
  • Use of enemy, peacekeeping, or neutral uniforms,
    flags, or insignia in combat operations
  • Misuse of protected symbols
  • Misuse of flags of truce
  • Pretending to be wounded or disabled to gain an
    advantage, then resuming combat

105
LOAC - TACTICS
  • Deception
  • Legitimate Deception
  • Existence of Units
  • Size
  • Strength

106
(No Transcript)
107
LOAC - TACTICS
  • Treachery and Perfidy
  • Cannot Injury Enemy b/c Enemy follows LOAC
  • Fake surrender
  • Fake noncombatant status
  • Misuse of Red Cross/Red Crescent or protected
    property symbols

108
LOAC - TACTICS
  • Espionage
  • Not a LOAC violation
  • No POW status if caught
  • Domestic criminal laws apply

109
LOAC POWs Detainees
  • Surrender
  • Burden in the surrendering person or force to
    communicate the intent to surrender
  • Treatment
  • Protect from harm physical and mental
  • Entitled to EQUAL Medical Treatment
  • Provide food, water, tobacco, clothing shelter
  • Cannot take personal property
  • Must allow them to keep rank and ID Cards
  • PURPOSE Take them out of the fight
  • DIFFERENCE BETWEEN POW AND DETAINEE?

110
METHODS OF ENFORCEMENT
  • DOMESTIC LAW (e.g., UCMJ)
  • INTERNATIONAL MILITARY TRIBUNALS
  • UNITED NATIONS TRIBUNALS
  • INTERNATIONAL COURT OF JUSTICE
  • THE INTERNATIONAL CRIMINAL COURT
  • REPRISAL
  • COURT OF INTERNATIONAL OPINION

111
INDIVIDUAL RESPONSIBILITY
  • TO KNOW THE LAW
  • TOC COMPLY WITH THE LAW
  • TO REFRAIN FROM VIOLATIONS
  • TO REPORT VIOLATIONS
  • CONSEQUENCES OF VIOLATIONS
  • TRIAL BY ANY STATE PARTY TO THE G.C.s
  • TRIAL BY A U.N. TRIBUNAL
  • TRIAL BY THE INTERNATIONAL CRIMINAL COURT
  • TRIAL BY A DOMESTIC SYSTEM (e.g., UCMJ)

112
U.S. DOMESTIC IMPLEMENTATION
  • WAR CRIMES ACT OF 1996
  • UNIFORM CODE OF MILITARY JUSTICE
  • CODE OF CONDUCT (NOT A PUNITIVE DIRECTIVE, BUT A
    GUIDE TO PROPER CONDUCT)

113
SUPERIOR ORDERS DEFENSE
  • NUREMBERG TRIALS
  • CALLEY STANDARD
  • U.N. TRIBUNALS - NOT A DEFENSE BUT MAY BE A
    MITIGATION
  • WHETHER MORAL CHOICE WAS IN FACT POSSIBLE

114
LOAC WAR CRIMES
Jodl, Alfred I don't see how they can fail to
recognize a soldier's obligation to obey orders. 
That's the code I've live by all my life.
  • Jodl gave orders for the German army's campaign
    against Holland, Belgium, Norway, and Poland. He
    also planned attacks against Greece and
    Yugoslavia.
  • "Terror attacks against English centers of
    population ...will paralyze the will of the
    people to resist.
  • Hanged in Nuremberg on Oct. 16, 1946

115
LOAC WAR CRIMES
The Einsatzgruppen Case Q What could they have
done? After all, the defendants were soldiers and
were required to obey orders A They were not
ordered to charge into the mouths of cannon. They
were called upon to shoot unarmed civilians
standing over their graves.
  • Twenty-four defendants (six-SS-Generals, five
    SS-Colonels, six SS-Lieutenant Colonels, four
    SS-Majors and three SS-junior officers) charged
    with the murder and ill-treatment of two-million
    POWs and civilians in occupied countries, and
    with wanton destruction not justified by military
    necessity.
  • All twenty-four defendants indicted All were
    found guilty of one or more crimes. Fourteen
    defendants were sentenced to death, but ten later
    had their sentences commuted to life or were
    paroled.

116
LOAC WAR CRIMES
Dusko Tadic after all I have done to
contribute to the creation of our common country
even when it implied risking my life and my
family safety. Tragedy befell us all and
injustice which I am convinced will once come
out.
  • Bosnian Serb was charged with crimes related to
    the rape, torture and murder of prisoners in and
    around three prison camps in northern Bosnia.
  • UN Tribunal found Tadic guilty on 11 counts of
    persecution and beatings.
  • 1997 Tadic was sentenced to 20 years in prison.

117
LOAC WAR CRIMES
Lt William Calley I felt then--and I still do--
that I acted as directed, I carried out my
orders, and I did not feel wrong in doing so.
  • My Lai, Vietnam, 1968
  • Court-Martial Lt Calley testified that he was
    told there would be no civilians in My Lai, only
    the enemy.  He said that while he was in the
    village, his CO, Capt Medina, called and asked
    why he hadn't "wasted" the civilians yet.  He
    admitted to firing into a ditch full of
    Vietnamese, but claimed that others were already
    firing into the ditch when he arrived. 
  • Convicted of the premeditated murder of 22
    infants, children, women, and old men, and of
    assault with intent to murder a child of about 2
    years of age.
  • Dismissal Life Sentence. Pardoned in 1974.

118
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