Which would you prefer: (a) 10,000 enemy soldiers laying down their weapons and
surrendering; or (b) 10,000 enemy soldiers willing to fight to the death in order to take
as many Americans as possible to the grave with them? The answer is obvious.
(8) Personal/religious/moral values. Our conduct in combat says a lot about
who and what we are. Strangers in the strange land we have deployed into, we take
with US all that we are. We can fight a battle to stand along with the forces of justice
and good in the world, or we can come to be viewed (or, perhaps worse, come to see
ourselves) as the evil that we would oppose. Americans are not a mercenary force,
simply looking for a chance to blow things up; rather, they fight for a purpose, which is
reflected in our national values. The way we wage war says a great deal about the
values that we are fighting to defend. You can't defend freedom and liberty in the world
if you see yourselves as herding a lot of women and kids into a ditch and murdering
them in places like My Lai.
(9) Violations breed indiscipline. Discipline in combat is critical. Without it,
our forces become an unruly mob, more of a treat to themselves than any enemy.
Violating the law breeds more violations and soon there is only ensuing chaos, as law
and order (and the chain of command) break down. Soldiers who feel free to violate the
rules and commit rape and murder may decide that all is fair game, and that any
indiscretions are now permissible. No commander can lead troops in such a scenario.
Undisciplined soldiers are simply accidents and crimes waiting to happen. In an
environment as dangerous as the Gulf War, such a situation would be a recipe for total
disaster.
2-3.
UNDERLYING PRINCIPLES OF THE LAW OF WAR
a. General. Before turning to the treatment afforded medical personnel, it is
important to first briefly look at the basic rules governing combat in general. The rules
cover both prohibited weaponry/means of warfare and prohibited targets. Think of the
term "MAP."
b. Military Necessity. This is the "M". The law does not allow indiscriminate
violence. Certain targets are prohibited from attack. Prohibited targets include civilians,
the wounded and sick, prisoners of war, and medical personnel (we'll return to this in
more detail shortly). Medical units may not be deliberately attacked (although they may
10 their status by committing acts harmful to enemy). Also, certain buildings may not be
attacked.
c. Attack on Prisoners of war. Why not attack enemy POWs, since they're the
enemy, aren't they? That sort of question misses the point. We want them to surrender
and if we mistreat or kill them, then other potential POWs will have no incentive to
surrender. Instead, they'll keep on fighting to the bitter end. We want to get them to
surrender, not keep on fighting US to the death. Thus, murdering their comrades would
be stupid, since it would just prolong the war and cause other enemy soldiers not to
surrender. That makes no sense.
MD0033
2-7