capital offenses. This means that a person who commits a grave breach may be tried and executed. There is no statute of limitations on the prosecution of a war crime. Nearly all nations have signed the Geneva Conventions, and, in doing so, have agreed to search out, bring to trial, and punish all persons who commit a grave breach of the Conventions. A solider may be tried and convicted even after he has left the service. In addition to the grave breaches of the Geneva Conventions, the following acts are also war crimes:

a. Using poisoned or otherwise forbidden arms or ammunition such as dum-dum bullets;

b. Pretending to surrender as a trick

c. Mutilation of dead bodies such as cutting off ears

d. Firing on localities which are undefended and without military significance such as churches or hospitals

e. Abuse of or firing on the flag of truce

f. Misuse of the Red Cross emblem, such as using a medical evacuation helicopter to transport combat troops

g. Use of civilian clothing by troops to conceal their military identity during battle

h. Improper use of privileged buildings for military purposes, such as using a church steeple as an observation post

i. Poisoning of wells or streams

j. Pillage, looting, or purposeless burning of homes

k. Compelling prisoners of war to perform prohibited labor such as removing or digging defensive positions

7. Killing without proper legal trial spies or other captured persons who have committed hostile acts

m. Compelling civilians to perform prohibited labor such as carrying

mortars

n. Violation of surrender terms

o. Taking and keeping a captured enemy soldier's personal property, like a wallet or watch as a war trophy.

p. Use of an enemy prisoner of war as point man on patrol. This list is not complete. It only contains examples. According to FM 27-10, every violation of the law of war is technically a war crime for which the violator may be punished.

Responsibility of the Commander-Under certain circumstances the legal responsibility for the commission of war crimes may be placed on the military commander, together with subordinates who actually committed the crime. Since a commander is responsible for the actions of those he commands, he can be held as a guilty party if his troops commit crimes pursuant to his command, or, even though he did not order them, if he knew the acts were going to be committed and did nothing to stop them. The commander is also responsible if he should have known, through reports or by other means, that those under this command are about to commit, or have committed, war crimes, and he fails to take

reasonable steps to prevent such crimes or to punish those guilty of a violation. As a minimum, such a commander is guilty of dereliction of duty.

Criminal Orders and Individual Responsibility-In all cases, the person who actually commits a crime is subject to punishment, even if he acted pursuant to the orders of a superior. The man who pulls the trigger, killing a prisoner of war who has just surrendered, cannot excuse his act by claiming that his commander told him "to take care of the prisoner," which he understood to be an order to execute him. Acting under superior orders is not defense to criminal charges when the order is clearly one to commit a criminal act, as is an order to kill a prisoner of war. While an American soldier must obey promptly all legal orders, he also must disobey an order which requires him to commit a criminal act in violation of the law of war. An order to commit a criminal act is a criminal order, and there is a duty to disobey it.

An order to execute a prisoner or detainee is clearly criminal. An order to torture or abuse a prisoner to get him to talk is clearly criminal. An order to torture anyone is obviously criminal. These are orders whose criminal content is very clear. Is an order to dump a dead body into a well also criminal? Yes. The order is criminal for two reasons. A dead body in a well poisons the water, and the poisoning of wells and streams is a war crime. It is also a mistreatment of a body, which is a war crime. What about an order to cut ears off the enemy dead to prove a body court? This order is criminal too. The mutilation of bodies is a war crime, and an order to cut off ears would therefore be criminal. Equally criminal would be permission to take as souvenirs valuables from dead bodies or from any prisoner. The law of war requires that valuables of dead soldiers be collected, safeguarded, and forwarded to the Central Prisoners of War Agency. If a soldier steals watches or money off the dead and keeps them, he violates this law, and no order or permission can make his action lawful.

There is always the question of what to do if it seems to be a situation of "my life or his." For example, a unit is on patrol with six men and captures an enemy soldier. It is burdensome to take him along. To turn him loose would jeopardize the lives of all the patrol. The patrol leader orders a soldier to execute him. Should he do it? In an emergency, a helicopter can and frequently does carry "one more person." If the prisoner is important enough, leave a couple of the patrol members and evacuate the prisoner first. If leaving the area on foot rather than by air, and if the prisoner is willing, he can be given the job of carrying medical or food supplies, or assisting the unit's wounded. He can be tied, gagged and forcibly taken along with the patrol. Especially if the patrol is on its way back from a mission. He can be tied, gagged and left where his own forces can find him after the patrol moves out of the area. If the unit is going to come back by the same general route, he can be hidden and picked up on return.

In this fact situation many factors must be considered such as-How close is friendly support? How important is the prisoner? What is the condition of the patrol? How long has the patrol been out and what is its mission? Does the presence of that individual indicate that the mission has already been compromised by the enemy? These are only some of the other factors which the unit leader needs to know before he makes a decision. The decision to execute (murder) the prisoner is an easy one. It is the wrong decision. It is also a war crime and a violation of the UCMJ, and under no circumstances will such an act be tolerated. Even carrying out an order is not a defense to a charge of murder. If a prisoner is murdered, the one doing this can be tried and executed. In actual combat, there are always effective alternatives which are legal, humane and which fit the military situation. The alternatives to murder are limited only by imagination and, generally, will be a better aid in accomplishing the mission. Any prisoner is important for intelligence purposes. The prisoner who is murdered to make life a little easier for six men, may have been a supply officer who could have disclosed the location of a large ammunition cache, the seizure of which would save the lives of hundreds of US soldiers.

In some cases, orders which would be legal in some situations may be criminal in others. The rules of engagement will guide actions. These rules set out those targets which may be attacked. By knowing these rules, the soldier will be able to act properly in different situations. If he disobeys the rules of engagement, he can be tried and punished for disobedience of orders. The disobedience may also be a war crime for which he can be tried and punished. For example, an order to shell enemy soldiers located in a village is legal, even though some civilians may be injured and their homes and livestock destroyed. Suppose, however, that a unit is conducting a cordon and search operation in the same village. Orders to burn down all the buildings in the village, to kill off all the livestock; to shoot everything that moves are criminal orders. The men must disregard such criminal orders.

Do not presume that an order is illegal. If it is thought to be criminal, it is probably because the order is unclear. For example, while on patrol, a unit captures a prisoner. On the unit's return, a patrol leader questions him. When the patrol leader finishes the questioning, he tells one of his men, "Get rid of that man." That order is not clear. The patrol leader undoubtedly means to take the man to the detainee collection point. Similarly, an order to clear the area of the enemy is not to kill everyone and destroy everything the soldiers see. It means to find the enemy soldier and to destroy his ability and will to resist. Such an order obviously does not include looting a store, burning a farmer's house or murdering the women and children. Rather than presume that an unclear order directs the commission of a crime, clarification of that order should be asked of the superior issuing it. All leaders should make their orders clear and understandable. They should not put their subordi

nates in a position where the subordinate may think the superior is giving a criminal order.

Consider for a moment that the following illegal order is given: "Shoot every man, woman and child in sight." Obviously, this is a criminal order. What should be done? First, and most important, the soldier should try to get the order rescinded by informing the person who gave it that the order violates the law of war. If the superior persists, the soldier must disregard such a criminal order. This takes courage. However, if he fails to do so, he can be tried and punished for committing a criminal act in violation of the law of war. No one can be forced to commit a crime. Nor can he be court-martialed or given any other form of punishment for his refusal to obey. The lack of courage to disregard a criminal order or a mistaken fear that one could be court-martialed in disobedience of an order is not a defense to a charge of murder, pillage, or any other war crime. The Code of Conduct states, "I am an American fighting man, responsible for my actions, and dedicated to the principles which made my country free." The American soldier who follows that code should have no problem with criminal orders. In addition there is a second step to be taken if a criminal order results in a violation of the law of war. Such violation must be reported to the appropriate authorities.

Obligations to Report Violations of the Law of War-It is important to know that the American soldier is obligated to report any violation of the law of war. To whom does he make that report? Usually, the soldier will report any known or suspected violations of the law of war to his chain of command. One purpose of the chain of command is to insure that reports reach appropriate authorities so that proper action can be taken. All military personnel should use the chain of command for this purpose. Most commanders have established reporting procedures by local regulations and directives which require prompt initial reports through the chain of command. Failure to comply with these regulations subjects individual soldiers to prosecution under the UCMJ.

While a soldier should normally report through his chain of command, he may hesitate to do so if someone in the chain above him was involved in the alleged crime, or if for some other reason he feels that such channels would not be effective. In such instances, there are other personnel to whom he can report or with whom he may properly discuss any possible violation of the law of war. For example, he can file a report with the local office of the Inspector General or with the Inspector General himself. The Inspector General can effectively investigate such reports. He can always report suspected crimes to the Office of the Provost Marshal or to the military police. Like the IG, the PM has an organization whose members have the knowledge and skill to investigate reports alleging a violation of the law of war. He may also discuss the problem with a judge advocate, a military lawyer who knows the law of war and how it applies. Many soldiers prefer to discuss problems with

the chaplain, and this is an accepted way to report violations of the law of war. The chaplain can assist in properly giving the information to appropriate authorities. The staff officer who receives a report alleging a violation of the law of war must, of course, take appropriate steps to report or investigate. While staff officers may have different internal procedures by which they process reports of alleged war crimes, each must insure, at a minimum, that the commander he serves is advised of the allegation and that the next higher command is also advised of the report and the actions taken. To whomever the soldier decides to go, he should report any suspected violation immediately. Evidence is lost and witnesses disappear unless an investigation is begun promptly. Moreover, an early investigation will quickly dispel any mistaken charges.

Treatment of Prisoners of War (PW)—the Geneva Convention relative to the Treatment of Prisoners of War govern all aspects of their captivity. Some of the major areas are as follows

a. Food and Housing. Even though prisoners, they must be fed sufficient daily rations to insure good health. In addition, they must be given living quarters which are sanitary and protect them from the weather.

b. Medical Care. If sick or injured when captured, or become ill while held prisoners, they are entitled to medical care. In addition to providing necessary facilities to insure proper hygiene, such as soap, water, baths, and showers, the captor must provide adequate infirmary and isolation wards if required, and treat any prisoner suffering from disease or injury. Medical personnel who are captured should be allowed to care for their fellow prisoners.

c. Religious Freedom-PW's are entitled to practice their religious faith. The Convention provides that all prisoners of war shall enjoy complete freedom in the exercise and observance of their religious faith. Chaplains or others with ministerial training who are captured must be allowed to minister freely among prisoners.

d. Personal Property-They are entitled to retain most of their personal property. The Convention provides that all effects and articles of personal use, except arms, military equipment and military documents, must remain in the possession of the prisoner unless he could use them to harm himself or others. Articles issued for the prisoner's personal protection, such as gas masks, metal helmets, and similar articles, may also be retained by him.

e. Other Privileges-They are entitled to send and receive mail. Each prisoner must be allowed to write a minimum of two letters and four postal cards per month. They may also receive parcels containing foodstuffs, clothing, educational, religious, or recreation material. They are also allowed to have a prisoner's representative. The Geneva Prisoner of War Convention provides that in camps containing officer prisioners the senior officer shall be recognized as the prisoner's repre