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LAW OF LAND WARFARE

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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. – PowerPoint PPT presentation

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Title: LAW OF LAND WARFARE


1
LAW OF LAND WARFARE
  • FM 27-10

2
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

3
Safety Requirements NONE Risk Assessment
Level LOW Environment Considerations NONE
4
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

5
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)

6
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

7
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

8
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

9
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

10
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

11
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

12
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

13
RIGHTS TO WHICH PRISONERS ARE ENTITLED
  • FOOD AND HOUSING
  • MEDICAL CARE
  • RELIGIOUS FREEDOM
  • PERSONAL PROPERTY
  • OTHER PRIVILEGES
  • INTERROGATION
  • OBSERVANCE OF CAMP REGULATIONS
  • WORK

14
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

15
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.

16
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

17
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

18
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

19
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

20
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

21
Soldiers 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

22
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

23
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 Soldiers,
    Against the Enemy.
  • Reporting Allied War Crimes Helps us follow
    Geneva Convention Rules on Transferring Captives

24
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