Quote:
Originally posted by Cloud9
I actually have a question...
What happens to US members of the military who do not follow the "code of honorable combat?" Are they punished in anyway? And how is it judged that such a transgression has been committed?
My question has no argumentative ulterior motives, I really am uninformed and would be interested to know.
|
Good question there... All soldiers, sailors, airmen and Marines are governed by the Uniform Code of Military Justice (UCMJ) which is the mechanism for enforcing military law. (The complete text of the UCMJ is available at
http://caselaw.lp.findlaw.com/caseco...rs/47/toc.html).
Armed and unarmed combatants are also governed by the Laws of Armed Conflict (LOAC), sometimes also known as the Geneva and Hague Conventions. In a nutshell, these are the basics of LOAC (source:
http://www.tpub.com/dental1/108.htm) :
LAW OF ARMED CONFLICT
The law of armed conflict encompasses all international law regulating the conduct of nations and individuals engaged in armed conflict.
As world tension increases, so does the potential for armed conflict. As members of a force dedicated to prevent such a conflict, we as medical personnel must face the reality of becoming involved. A basic understanding of the principles and applications of the law of armed conflict will help enhance our efforts in providing the best medical care possible while maintaining our moral and ethical obligation.
The terms combatant and noncombatant need to be defined. A combatant is anyone participating in military operations or activities. Generally, this means members of a military force, with certain exceptions, and civilian personnel who are actually engaged in hostilities.
Noncombatants include all others (e.g., civilians not engaged in hostilities, medical personnel, chaplains, other persons you capture or detain, and people who surrender, are captured, shipwrecked, sick, or wounded).
GENERAL PRINCIPLES AND GUIDELINES
The general principles and guidelines include:
Only combatants are proper targets. Noncombatants must not be attacked.
Do not cause destruction beyond the requirements of your mission.
Do not attack protected property (e.g., buildings dedicated to religion, art, sciences, or charitable purposes; historical monuments; hospitals and places where the sick and wounded are collected and cared for; schools and orphanages).
Do not shoot at the Red Cross.
Do not hide behind the medical service symbols.
Do not shoot at a parachute, unless, it is a paratrooper.
Do not fire at shipwrecked personnel in the water.
Do not alter your weapons or ammunition to increase enemy suffering.
Let enemy personnel surrender.
Treat all captives and detainees humanely.
Provide medical care for sick and wounded captives.
Do not take personal property from captives.
Do not violate civilian rights in war zones.
Do not steal or burn civilian property.
SPECIAL APPLICATIONS
The law of armed conflict has special applications for medical personnel. These applications include: do not shoot at the Red Cross and do not hide behind the medical service symbols.
Do Not Shoot at the Red Cross
Medical and religious personnel and facilities are usually marked with the Red Cross on a white background. However, some countries use different distinctive emblems to designate their medical service personnel and facilities. For example, Turkey and most other Moslem countries use the Red Crescent. Other countries may use different red symbols on a white background that are not recognized by international conventions as protective symbols; e.g., Israel uses the Red Shield of David. Nevertheless, all persons or objects so marked are to be treated with care and protection.
Whether or not they are marked with a protective symbol, you must not fire at any person or object that you recognize as being a medical or religious person or facility.
Do not fire at hospital ships, medical personnel, chaplains, vehicles (air or ground), buildings, tents, or other facilities used for the care of wounded, sick, shipwrecked, and disabled persons.
Do Not Hide Behind the Medical Services Symbols
The medical service emblems (Red Cross, Red Crescent, and Red Shield of David) are symbols of protection for the wounded, sick, and disabled. In combat, the purpose of these emblems is to protect those who have become casualties and those personnel who are caring for them. It is a serious breach of the rules of war to use these signs to protect or hide military activities. Do not mark your position or yourself with a medical service emblem unless you have been designated to perform only medical duties.
Medical personnel or facilities will lose their special status if they commit injurious acts to the enemy. Furthermore, hospitals and ambulances lose their special protection when using hospitals as an observation post, as a shelter for able bodied combatants, or as a storeroom for arms or ammunition (except ammunition of the wounded until they are transferred), and when using ambulances to fire upon the enemy.
Most countries have signed and have agreed to follow the LOAC.
Hope this helps.