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military purposes. It is forbidden, for instance, to loot or ransack a pagoda during a search.

In summary then, the rules governing targets are

a. Never destroy or seize enemy property unless military necessity requires seizure or destruction.

b. Regardless of military necessity, never destroy undefended towns, villages, or dwellings.

c. While defended places or military targets can be attacked, spare, if possible, schools, churches, hospitals, and similar institutions from destruction; and avoid causing suffering out of proportion to the performance of the military mission.

Illegal Tricks and Methods-The law of war prohibits certain treacherous acts. For instance, these were occasions in World War II when the Nazis improperly identified buildings as hospitals and certain areas as protected areas, but actually used the buildings or areas for direct military purposes, such as observation posts, troop billets, defensive positions or ammunition storage. Another example of an illegal trick would be pretending to surrender in order to facilitate an attack upon an unsuspecting enemy. Such tactics are prohibited because they destroy the basis for the restoration of peace short of the complete destruction of one side or the other. Buildings being used for military purposes, but improperly marked, may be attacked. Moreover, buildings such as hospitals may often be located close to legitimate military targets. An attack on a legitimate target which unavoidably causes incidental damage to other facilities is not a violation of the Conventions or customary law. Nevertheless, one should cause no greater destruction of enemy property than necessary to accomplish the military mission.

Prohibitions on Weapons-The customary law of war and the Hague Regulations limit the weapons that can be used. Under the Hague Regulations, the employment of arms, material or projectiles calculated to cause unnecessary suffering is prohibited. Paragraph 34, Field Manual 27-10 states that whether weapons cause unnecessary injury "can only be determined in light of the practice of States in refraining from the use of a given weapon because it is believed to have that effect." Many new weapons can only be judged upon the basis of extensive tests conducted to determine just what effect they actually have. The information produced by such testing must then be examined in light of such questions as

a. Does the weapon violate any specific or implied prohibition contained in any treaty?

b. Would the weapon needlessly aggravate or cause unnecessary suffering?

It is only upon the basis of this type of searching analysis that an informed decision can be made as to the compatibility of a particular weapon with treaties and customary international law.

These principles have established the illegality of the use of irregular-shaped bullets, dum-dum bullets, projectiles filled with glass, and the use of any substances or projectiles that would tend to inflame a wound. The use of these weapons in war is always illegal. The US government conducts extensive tests on all weapons to insure compliance with the law of war, and no weapon which is illegal is issued to any American soldier.

It is possible, however, for a soldier to violate the law of war by using an issued weapon at the wrong time or in the wrong place. Remember that the law of war prohibits the use of weapons calculated to cause unnecessary suffering. Here is an example of how a soldier could misuse a legitimate weapon. He cuts off the tip of a bullet. When the bullet hits a man, it expands and leaves a gaping wound. This additional damage is not needed to place the combatant out of action. Therefore, such bullets cause unnecessary suffering and are forbidden. Their use violates the law of war. This misuse of a legitimate weapon is a crime for which the soldier can be prosecuted.

The Enemy Population-The enemy population is divided into two general classes under the law of land warfare-protected persons and unprotected persons.

Protected persons include prisoners of war, chaplains and medical personnel, and civilians who abstain from the fighting. It should be noted that the protection of noncombatant civilians exists whether the population is that of an enemy state, an ally, or a state in whose borders the fighting is taking place but which does not have forces actively engaged in the conflict.

Unprotected persons are spies and guerrillas or other persons who commit hostile acts or engage in the fighting without complying with the conditions prescribed by the law of war for recognition as legally organized resistance units.

Prisoners of war are divided into two broad categories-combatants and noncombatants.

Combatants are those participants in a war who are lawfully entitled to carry on hostilities, including—

a. members of Armed Forces

b. members of regular militia or volunteer units

c. members of lawful irregular partisan or guerrilla units

d. levee en masse-inhabitants of a nonoccupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading force, without having had time to form themselves into regular units. These people must carry arms openly and respect the laws of war to be recognized as POWs if captured.

Noncombatants who are protected as prisoners of war when captured are those individuals who accompany the Armed Forces without actually being members thereof. This category includes war correspondents, supply contractors, members of labor units, technical representatives,

and units responsible for the welfare of the Armed Forces.

Humane Treatment of Noncombatants-The customary law of war and the Geneva Conventions of 1949 establish rules governing treatment of noncombatants, prisoners of war, sick and wounded, and other detained civilians. These rules are embodied in one general principle-treat all prisoners of war, civilians or other detained personnel, humanely. A soldier can fulfill his military mission, such as the requirement to search, segregate, silence, speed to the rear and safeguard prisoners of war and detainees and still treat these people in a humane manner. Many of these people will be the victims of war, and some may be the enemy soldier himself, but once captured, they are all entitled to the same humane treatment.

What does it mean to treat someone humanely? If a soldier treats such people as he would like to be treated were he captured or detained, he would be treating them humanely. Remember that a PW is in the soldier's protective custody, and he cannot harm him. The Conventions provide as a minimum that persons taking no active part in the hostilities, including members of Armed Forces who have laid down their arms and those who can no longer fight because of sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. The wounded and sick must be collected and cared for. Furthermore, certain acts are and shall remain prohibited at any time and in any place whatsoever. These include-a. violation to life and person, and, in particular, murder of all kinds mutilation, cruel treatment and torture; b. taking of hostages; c. outrages upon personal dignity, particularly, humiliating and degrading treatment; d. the passing of sentences and the carrying out of execution without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

Illegal Means of Interrogation-Suppose a soldier captures a wounded and hungry enemy soldier who he thinks knows the location of enemy units in the area. Can he deny him food and medical treatment until he tells the soldier what he wants to know? The answer is "no." The Geneva Convention on Prisioners of War states that prisoners are bound to give certain information, (such as name, rank, date of birth, and serial number) but cannot be physically or mentally forced to secure other information. If the soldier cannot withhold food and medical care from the prisoner, it follows that he cannot torture information out of him in any other way. Here again the Convention is explicit and the language provides

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantaged treatment of any kind. (Article 17.)

In the past, people have violated these rules and have been tried and sentenced for such violations as beating a prisoner or applying electric shocks, dunking his head into a barrel of water, or putting a plastic bag over his head to make him talk. No American soldier can commit these brutal acts, nor permit his fellow soldiers to do so, and if he sees anyone commit such an act he must report it.

The humane reasons for prohibiting such acts are clear enough. There is a practical reason as well. Information cannot be obtained from a dead man. Combat experience proves that intelligence secured by torture is unreliable. Furthermore, torture makes it difficult for the trained interrogator to secure accurate intelligence later, and a trained interrogator can obtain more complete and accurate information through legitimate, skillful questioning. That is the practical reason why it is important to send the man suspected of having valuable intelligence back to the detainee collecting point so that a professional interrogator can begin questioning him as quickly as possible. Indeed, the Convention specifically demand that captured war prisoners be promptly evacuated to the

rear.

Humane Treatment of PW-Let us examine another situation in which the soldier is likely to find himself and see what the general principle of humane treatment requires. His patrol is operating an area believed to be heavily infested with enemy soldiers. He discovers a young man hiding in a shallow hole. Though dressed as a farmer and unarmed, he thinks he is an enemy soldier and fears his presence may jeopardize the unit's security. May this captured person be killed? The answer is "no." Consider the following provisions of paragraph 85 of FM 27-10, which has the effect of an order of the Secretary of the Army: A commander may not put his prisoners to death because their presence retards his movements or diminishes his power of resistance by necessitating a large guard, or by reason of their consuming supplies, or because it appears certain that they will regain their liberty through the impending success of their forces. It is likewise unlawful for a commander to kill his prisoners on grounds of self-preservation, even in the case of airborne or commando operations, although the circumstances of the operation may make necessary rigorous supervision of and restraint upon the movement of prisoners of war.

No one can be harmed or killed who, in the language of the Convention, has "fallen into our hands.” Though a man is suspected to be an enemy soldier, it may not be definitely known that he is, and the individual soldier does not make the determination of whether or not the individual is an enemy soldier. Furthermore, even if the individual is an enemy soldier, he cannot be killed or harmed. Even if he is a spy, the same rule applies. All captured persons are entitled to be treated as prisoners of war until their actual status is determined. Combat soldiers do not determine the status of any captured person. All persons captured or detained should be evacuated to the detainee collecting point where proper authorities can then classify them. Once a man is under control he must be treated humanely. Murder or physical abuse never

is, has been, or will be humane treatment. It is strictly prohibited. Furthermore, under the Uniform Code of Military Justice, murder is a capital offense.

Humane Treatment of Civilians-While conducting a sweep operation through an enemy village, a unit rounds up men, women and children whom they suspect of being the parents, wives and chidren of enemy soldiers or enemy sympathizers. Can they execute them and burn their homes as a warning to other enemy sympathizers and in retaliation for their suspected participation in the enemy war effort? "No." Under Article 27 of the Geneva Convention Relative to the Protection of Civilian Persons in time of war, the civilian population of the country in conflict is entitled to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. They must be protected especially against all acts or threats of violence and against insults and public curiosity. Women should be especially protected against any attack on their honor, in particular against enforced prostitution, rape, or any other form of sexual assault. Under the UCMJ, a soldier convicted of rape may be sentenced to death.

All persons are to be treated with consideration and without any adverse distinction based on race, religion, or political opinion. While the occupying force may enforce control and security measures, it may not abridge any of these rights. Commanders at all levels must insure that all persons are treated humanely. These persons may not be subjected to murder, torture, corporal punishment, mutilation, or any form of physical or mental coercion. No person can be subjected to medical or scientific experiments. They may not be made the object of collective penalties, reprisals, or held as hostages. Their property must be protected from pillage or looting. Article 103 of the Uniform Code of Military Justice makes pillage a crime. Only the death penalty is excluded as a permissible sentence for this crime.

Members of the civilian population cannot be brutalized or executed. As the military tribunal at Nuremburg concluded in the List case— (The law of war) permits the destruction of life of armed enemies and other persons whose destruction is incidentally unavoidable by the armed conflicts of the war; it allows the capturing of armed enemies and others of peculiar danger; but it does not permit the killing of innocent inhabitants for purposes of revenge or the satisfaction of a lust to kill.

It is the intent of the United States to follow the Geneva Conventions of 1949 regardless of whether or not the treaty is legally binding upon or followed by the enemy nation.

Criminal Violations of the Law of War-Acts that violate the law of war may result in a soldier being prosecuted for committing a war crime. Under the Geneva Conventions, the most serious offenses are called grave breaches of the law of war, and include murder, torture, inhumane treatment, and improper destruction of property. They are

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