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Law of War Essay

Pages:3 (843 words)

Sources:2

Subject:History

Topic:War

Document Type:Essay

Document:#24882465


Violation of the Law of War

The United States is a party to the 1949 Geneva Convention (GC) that outlines the Law of War. Ratification to the GC treaty implies that the US seeks to protect the victims of war. The GC outlines unjustifiable destruction and appropriation of property as a violation of the law of war (US Marine Corps , 2005). Article 17 of GC demands a local agreement to validate the evacuation of the population from besieged areas to aid in ease movement of medical equipment, personnel, and wounded people. The company commander violates Article 17 of GC by issuing an order to the mayor as opposed to entering into an agreement with the mayor on the evacuation of the local population. Although the commander fulfills the Article 18 of the Geneva Convention that mandates the removal of barriers to the distinctiveness of the civilian’s hospital emblems, the commander contravenes the preceding Article 17 of GC (Howard, 1956).

While article 27 of the GC outlines the rights of the protected persons in a conflict zone which demands respect for their rights, honor, convictions, customs, and practices, it gives power to the particles in conflict to adopt control measures that guarantee security to the protected persons. Likewise, article 28 outlines that areas with protected person don’t imply immunity from military operations. Further, article 32 cautions the use of excessive measures to inflict physical suffering to the protected persons a guideline that the commander contravenes by promising brutality and forceful eviction to the civilians whom the platoon is supposed to protect. Consequently, the commander would be responsible not…

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…auxiliary stretcher bearers. The GC article 25 demands that the auxiliary medical personnel be protected and respected should they end up in custody of the enemy while implementing their duty of collecting transporting f treating the sick and wounded.

Grave Breaches

The Geneva Convention defines acts as grave breaches if they are perpetrated against property of protected persons. GC defines acts unjustified by military necessity such as inhumane treatment, torture, forced biological, willful killing, experiment, extensive property destruction, and willfully inflicting injury and suffering to the body as grave breaches. The GC further identifies violation of rights of a prisoner of war by denial of regular trials, and forcefully compelling a prisoner of war to work in the forces of the hostile power as grave breaches. In addition, acts such as unlawful confinement, transfer…


Sample Source(s) Used

References

Howard, L. (1956). The Law of Land Welfare FM 27-10. Washington DC: Department of the Army.

US Marine Corps. (2005). War Crimes MCTP 11-10A (Formerly MCRP 4-11.8B). Washington DC: Department of the Navy.

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