Introduction to Military Law Command and Control Law of by aoa29226

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									Introduction to Military Law
  Command and Control
   Law of Armed Conflict




                 Week Three
                  30 Jan 08
             Lt Col Jennifer Rider
               Overview
   The basics –
    definitions
   Organizations
    within
    the military chain of
    command
   Command
    relationships
   Command authority
  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
             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
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/doctrine/jel/doddict/index.html
                    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 team…American military operations are conducted
                                                          “         “
under JOINT force commanders—in other words…

                       “
 WE FIGHT
              Overview
   The basics – definitions
   Organizations within the military
    chain of command
   Command relationships
   Command authority
 The
 BIG
Picture
    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
              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
      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
         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;
             Important functions,
    • To make Rules for the Government and
                but NOT in our
      Regulation of the land and naval Forces
            “chain of of Military Justice];
      [the Uniform Code command”
      and
    • To make all Laws which shall be
      necessary and proper for carrying into
      Execution the foregoing Powers….
      [including fiscal matters]
    The National Security Council
   Chaired by the
    President
   President’s principal
            Important functions,
    forum for
    considering national in our
               but NOT
    security and foreign
           “chain of command”
    policy matters
   Function: Council
    advises and assists
    the President on
    national security
  The
  BIG
Picture
         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!!
             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
 The
 BIG
Picture
      The Chairman of the Joint
           Chiefs of Staff
   Not a Commander
   The Principal Military
    Advisor to the President
    and SECDEF
             over JCS
    PresidesImportant functions,
   Assists communication in our
                but NOT
    between the
             “chain of command”
    President/SECDEF and the
    Combatant Commanders
   Coordinates with
    Combatant Commands
    • Roles and missions
    • Programs and budgets
    • Doctrine and joint training
         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”
 The
 BIG
Picture
          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)
        Combatant Commands

   Geographic-- mission is defined
    by a general geographic area of
    responsibility

   Functional--mission is worldwide
    performance of a warfighting
    function
        Geographic Combatant
             Commands
   US EUROPEAN COMMAND
    • USEUCOM
   US PACIFIC COMMAND
    • USPACOM
   US SOUTHERN COMMAND
    • USSOUTHCOM
   US NORTHERN COMMAND
    • USNORTHCOM
   US CENTRAL COMMAND
    • USCENTCOM
        Functional Combatant
            Commands
   US TRANSPORTATION
    COMMAND
    • USTRANSCOM
   US STRATEGIC COMMAND
    • USSTRATCOM
   US JOINT FORCES
    COMMAND
    • USJFCOM
   US SPECIAL OPERATIONS
    COMMAND
    • USSOCOM
 The
 BIG
Picture
Service Component Commands
   Includes all Service
    forces assigned to a
    combatant command
   Commanded by
    Service’s senior
    officer assigned to
    forces
    • e.g., for the AF it is the
      COMAFFOR – Commander,
      Air Force Forces

                                   Lt Gen Buchanan
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
 The
 BIG
Picture
        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
 The
 BIG
Picture
       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
              Overview
   The basics – definitions
   Organizations within the military
    chain of command
   Command relationships
   Command authority
     Command Relationships &
        Other Authority
   Combatant Command (COCOM)
   Operational Control (OPCON)
   Tactical Control (TACON)
   Support
   Other Authority - Administrative
    Control (ADCON)
        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
    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
             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
                       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
        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
           Administrative Control
                (ADCON)
   Includes (cont’d) 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
              Overview
   The basics – definitions
   Organizations within the military
    chain of command
   Command relationships
   Command authority
             Command Authority
              The Commander
                               Only one person in
                                a command billet
                                per organization
                               Statutory
                                obligations (e.g.,
                                Court-Martial
                                Convening
  Lt Gen John F. Regni          Authority or Article
Commander, Air University       15 Authority)
         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
    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
              Special Rules
   Flying units
    • Think: “wings”
    • Aeronautical
      rating
   Civilians
   Enlisted
   JAGs –
    AFLSA/CC
   Chaplains
   Medical
    personnel
LAW OF ARMED CONFLICT
                        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
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)
         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)
      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
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)
    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)
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.
       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
    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
    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
      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
          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
     NON-COMBATANTS
   CIVILIANS (INCLUDING MILITARY
    DEPENDENTS)
   “PROTECTED PERSONNEL” (MEDICAL
    AND CHAPLAINS)
   PRISONERS OF WAR
   WOUNDED, SICK, SHIPWRECKED,
    AND AIRCREWS ESCAPING DOWNED
    AIRCRAFT
    UNLAWFUL COMBATANTS
   EXAMPLES:
    • CIVILIANS TAKING PART IN
      HOSTILITIES EXCEPT AS PART
      OF A LEVEE EN MASSE
    • PROTECTED PERSONNEL
      FIGHTING OTHER THAN IN
      SELF-DEFENSE
    LOAC LEGAL PRINCIPLES

   MILITARY NECESSITY
   DISTINCTION
   PROPORTIONALITY
   HUMANITY
   CHIVALRY
  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.
    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)
PROTECTED PLACES:
RELIGIOUS, MEDICAL
LAWFUL TARGETS
LAWFUL TARGETS
LAWFUL TARGETS
LAWFUL TARGETS
LAWFUL TARGETS
LAWFUL TARGETS
LAWFUL TARGETS?
LAWFUL TARGETS
LAWFUL TARGETS
         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
PROTECTED PLACES:
 CIVILIAN OBJECTS




           Civilian
           Housing
PROTECTED PLACES:
    CULTURAL
    PROPERTY
PROTECTED PLACES:
  ENVIRONMENT
PROTECTED PEOPLE:
HOT TOPIC:
DUAL USE
 TARGETS
 Bridges
   HOT TOPIC:
DUAL USE TARGETS


             Fertilizer
               Plant
   HOT TOPIC:
DUAL USE TARGETS


             Power
             Grids
   HOT TOPIC:
DUAL USE TARGETS


             Radio &
               TV
             Stations
            LOAC - TARGETS
Protected Places & Property
           Medical Symbols
            LOAC - TARGETS
Protected Places & Property
Civilian Hospital and Safety Zone for
          Sick and Wounded
             LOAC - TARGETS
Protected Places & Property
            Cultural Property




    1954         1907           1935 Roerich
    Hague        Hague          Pact
             LOAC - TARGETS
Protected Places & Property
International Sign for Works and
Installations Containing Dangerous Forces:
Dams, Dikes, and Nuclear Power Stations
PROTECTED PROPERTY,
      BUT. . .
     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.”
     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.”
   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).
          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
          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
                    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
       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
            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
         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
    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
                LOAC - TACTICS
Deception
   Legitimate Deception
    Existence of Units
    Size
    Strength
                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
               LOAC - TACTICS
Espionage
   Not a LOAC violation
   No POW status if caught
   Domestic criminal laws apply
             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?
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”
    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)
         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)
“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”
              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
                 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.
            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.
                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.

								
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