War Crime Essay

War Crime Essay-31
And two days after that, the 29-year-old judge advocate who prosecuted Calley took the extraordinary step of writing the president a letter.That letter is worth rereading in light of Trump’s apparently planned actions.

And two days after that, the 29-year-old judge advocate who prosecuted Calley took the extraordinary step of writing the president a letter.That letter is worth rereading in light of Trump’s apparently planned actions.ABC News reported that the idea has “raised eyebrows” and one service member posted a horrified statement of alarm on Facebook condemning the use of: ...

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However, the senior enlisted adviser’s pronouncement specifically and correctly states that if Islamic State fighters “surrender, we will safeguard them to their detainee facility cell, provide them chow, a cot and due process.” Detention in armed conflict is designed to prevent enemy fighters from returning to the battlefield and is protective custody, not punitive in nature.

However, unless enemy fighters manifest a genuine intent to surrender, the law does not include any obligation to capture rather than kill in the course of combat operations. troops does raise valid concerns about the danger of dehumanizing or demonizing language in wartime.

Finally, if one were to read the combative and brutal-sounding headline alone, one might imagine that the U. military is threatening to beat Islamic State soldiers with shovels after capturing them, as a form of revenge or show of brutal force.

Like deliberate attacks on civilians, that would be a war crime.

It speaks to our moment and Trump’s contemplated pardons every bit as much as it spoke to Nixon’s clemency for Calley. Aubrey Daniel: that all leaders of this nation, which is supposed to be the leader within the international community for the protection of the weak and the oppressed regardless of nationality, would have either accepted and supported the enforcement of the laws of this country as reflected by the verdict of the court or not made any statement concerning the verdict until they had had the same opportunity to evaluate the evidence that the members of the jury had.

Calley was the only person convicted of war crimes in connection with My Lai—the most notorious abuse committed by the United States during the Vietnam War.For Americans accustomed to watching reports of wars fought thousands of miles away with drone strikes and smart bombs, the image of U. soldiers beating enemy fighters with shovels serves as a potentially shocking reminder of the brutality of war—but is not on its own a sign of moral depravity or a descent into war crimes.In fact, the juxtaposition of this regulated violence, however brutal, with the imperative of safeguarding any detainees, captures precisely the delicate balance of military necessity and humanitarian considerations that lies at the very heart of the law of war.And yet that is exactly what the senior enlisted adviser to the Chairman of the Joint Chiefs of Staff suggested in a rallying cry to U. if they choose not to surrender, then we will kill them with extreme prejudice, whether that be through security force assistance, by dropping bombs on them, shooting them in the face, or beating them to death with our entrenching tools.In the midst of claims of relaxed rules of engagement and greater civilian casualties in the latter stages of the anti-Islamic State campaign, beating the enemy to death with shovels surely sounds like a race to the bottom.The New York Times reports that Trump has asked the Department of Justice to prepare pardon materials for Special Operations Chief Edward Gallagher, a Navy SEAL accused of shooting unarmed civilians and stabbing an enemy prisoner to death; Nicholas Slatten, a former Blackwater security contractor, who was found guilty of first-degree murder for his role in a shooting incident that left 14 Iraqi civilians dead and 18 injured; Maj. William Calley was guilty of war crimes in connection with the massacre at the Vietnamese hamlet of My Lai.Mathew Golsteyn, who was accused of killing an unarmed Afghan man who had been linked to the Taliban in 2010; and a group of Marine Corps snipers charged in connection with urinating on the bodies of dead Taliban fighters. Throughout Calley’s trial, there had been massive public outcry proclaiming his innocence.No less important, it emphasizes that no matter how low-tech or high-tech one’s military capabilities are, adherence to the law is what matters. Blank is a clinical professor of law and director of the International Humanitarian Law Clinic at Emory University School of Law, where she teaches international humanitarian law and works directly with students to provide assistance to international tribunals, non-governmental organizations, and law firms around the world on cutting-edge issues in humanitarian law and human rights.President Trump is reportedly considering ordering leniency for several U. service members accused or convicted of war crimes. In 1971, a military jury rendered a verdict that a young service member named Lt.An indiscriminate weapon is one that cannot be directed at a lawful military target or whose effects cannot be limited to a lawful military target.A shovel certainly does not fit that description—the person wielding the shovel can only hit one person with the shovel and, barring extraordinarily bizarre circumstances, beating someone with a shovel will not have uncontrolled effects on persons or property nearby.

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