entitled to "retained person" status, and are not prisoners of war. They are entitled to
carry out medical duties only, and are to be repatriated once they are no longer needed
for the fulfillment of those duties. We will focus on the legal ramifications of your actions
in a combat area; understand that this area is critical to who and what you are. Your
compliance (or non- compliance) with the rules we will be talking about today can and
will have drastic repercussions on your fellow soldiers and those of our allies. As a
health care provider in the middle of a combat zone, you may find yourself caring for not
only our wounded, but also that of the enemy. Understanding why we do things like that
is critical to the successful accomplishment of your role during war time.
2-2.
SOURCES OF THE LAW OF WAR
a. Customary Rules of War. Certain rules have evolved over the years as a
result of centuries of warfare. These rules didn't simply spring into being; they are
based on lessons learned by military leaders regarding the most efficient and effective
ways to wage war. The purpose of these rules is to allow a military force to most
efficiently accomplish its mission without causing unnecessary destruction and
suffering. This, of course, should sound like one of the basic principles of warfare
("Economy of Force"). Our soldiers do things in combat that make sense; at the same
time, though, they don't do things that are stupid. Violating the law of war is stupid.
History has taught US that lesson, and it is important that we learn from it.
b. Treaties of War. Several international agreements represent the major
efforts of the leaders of the world to reduce to written law certain basic concepts
concerning the customary law of war. The Hague Conventions of 1907 limit the kinds of
targets that military forces may attack, and the kinds of tactics and weapons that may
be employed against them. The Geneva Conventions of 1949 protect certain
categories of persons (prisoners of war, civilians, wounded and sick at sea, wounded
and sick on the battlefield, and medical personnel). What if a country won't sign one of
the treaties--is it still bound by customary international law? The answer is yes. Basic
principles of international law transcend the treaties and obligate all nations of the world.
Keep in mind, though, that we don't follow these rules simply because a treaty or a law
says we must; we follow them because the lessons of history have taught US that NOT
following the rules is stupid and self, defeating.
c. Compliance With the Law of War.
(1) It is federal law. Violations of the law of war are crimes, punishable
under the UCMJ. From the perspective of the commander in the field, compliance with
the law enables US to achieve a military victory faster, with minimal loss of life on both
sides. That's the point-just killing a lot of people and blowing up a lot of things won't win
a war. Think about how Iraq wasted its military resources targeting civilian areas in
Israel, indiscriminately sending SCUD missiles against: Tel Aviv (which wasn't even a
party to the conflict). Look at what good that did for Iraq while the coalition forces were
attacking military targets in Baghdad. Look at the result. Violating the law didn't allow
Iraq to obtain a military victory, but simply brought ruin upon its people and outrage on
MD0033
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