Gavin Howe
Soldiers who break the laws of war can be held individually accountable for war crimes, and nations that signed the Geneva Conventions are required to search for, try and punish those who have committed grave breaches of the laws of war. The U.S. Army has established a training program to ensure its soldiers have a basic understanding of the laws of war, and refresher training is an annual requirement.
| Characteristics | Values |
|---|---|
| Who disciplines soldiers who break the laws of war? | Nations that signed the Geneva Conventions are required to search for, try and punish anyone who has committed or ordered certain "grave breaches" of the laws of war. |
| What are the consequences for soldiers who break the laws of war? | They may be held individually accountable for war crimes. |
| What are soldiers trained on? | The U.S. Army established a training program to ensure its elements have a basic understanding of the Laws of War. |
| What is the purpose of this training? | Per the training package, adherence to the Laws of War promotes a disciplined, more effective fighting force, maintains support for the U.S. |
| What is the Lieber Code? | Militias that are not part of a recognised army, wear no uniform, and often use hit-and-fade ambushes would be classified as either bandits or war rebels under the Lieber Code. |
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What You'll Learn
The Geneva Conventions require nations to search for, try and punish those who break the laws of war
Nations that have signed the Geneva Conventions are required to search for, try and punish anyone who has committed or ordered certain "grave breaches" of the laws of war. This is outlined in the Third Geneva Convention, Article 129 and Article 130.
After a conflict ends, any persons who have committed or ordered any breach of the laws of war, especially atrocities, may be held individually accountable for war crimes. Those who break specific provisions of the laws of war are termed unlawful combatants.
The US Army has established a training programme to ensure its elements have a basic understanding of the Laws of War. This includes annual refresher training and training prior to deployment to Afghanistan, Kuwait, the Balkans, or any other theatre of operations where combat is a possibility. The training package includes a PowerPoint presentation providing an overview of the Laws of War as published in Field Manual 27-10, and disseminating the Soldier's Rules.
The Law of War also includes rules that allow cutoff or holdout elements of an enemy army to continue active resistance and still be afforded Law of War protections so long as the cutoff element remains in uniform. Conversely, rules 82 and 85 deny Law of War protections to those who rise against an occupying force, such as the various militias conducting attacks against Coalition and Host Nation Forces in the Global War on Terror.
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The US Army has a training program to ensure its soldiers understand the laws of war
The laws of war are restrictive rules of engagement that aim to prevent soldier action. Soldiers who break the laws of war may be held individually accountable for war crimes after a conflict ends. Nations that signed the Geneva Conventions are required to search for, try, and punish anyone who has committed or ordered certain "grave breaches" of the laws of war. These combatants who break specific provisions of the laws of war are termed unlawful combatants.
The enforcement of the laws of war can be seen through the trials of Peter von Hagenbach, Captain Henry Wirz, and Lieutenant William Calley, as well as recent trials involving US soldiers or marines implicated in war crimes allegedly committed in the line of duty. The training service members receive on the law of war, the vague and conflicting guidance given from higher headquarters, and the difficult position in which those soldiers and junior leaders who actually fight the war are placed as they make split-second decisions, all contribute to the enforcement of the laws of war.
The rules of the laws of war can be complex and may vary depending on the specific circumstances. For example, Rule 81 allows cutoff or holdout elements of an enemy army to continue active resistance and still be afforded law of war protections as long as they remain in uniform. On the other hand, Rules 82 and 85 deny law of war protections to those who rise against an occupying force, such as militias conducting attacks against coalition and host nation forces.
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The Department of Defense Law of War Program
The laws of war are restrictive rules of engagement that aim to prevent soldier action. They include rules that afford protections to enemy armies, as long as they remain in uniform, and rules that deny protections to those who rise against an occupying force.
The Department of Defense has a Law of War Manual, which includes rules on military targeting operations. For example, in situations of doubt as to whether a person or object is a civilian, they must be presumed to be a civilian. However, critics have argued that the manual fails to offer civilians the protections that the law requires.
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The Lieber Code
Regarding a successful military occupation, the Lieber Code proposed a reciprocal relationship between the US military authority and the Confederate civilian population. The co-operation of the civilian population with the military authority would ensure considerations and good treatment for the civilians. However, the Code also allowed for the imprisonment and death of enemy civilians who engaged in guerrilla warfare or armed resistance to martial law. To defend against the Confederate Army's violations of the laws of war through irregular fighters, the Lieber Code permitted retaliation by musketry against Confederate prisoners of war and the summary execution of captured enemy civilians (spies, saboteurs, francs-tireurs, guerrillas) caught attacking the Union Army.
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The Rules of Engagement
To ensure compliance with the Rules of Engagement, the U.S. Army has established a training program to provide its soldiers with a basic understanding of the Laws of War. This includes an annual refresher course and a requirement for training prior to deployment to any area where combat is possible. The training package includes a PowerPoint presentation that covers the Soldier's Rules and promotes adherence to the Laws of War, which is believed to create a more disciplined and effective fighting force.
Despite these training efforts, soldiers and junior leaders often find themselves in difficult positions on the battlefield, where they must make split-second decisions that may result in violations of the Rules of Engagement. In such cases, trials may be held to scrutinize the enforcement of the Laws of War and hold individuals accountable for their actions.
It is important to note that the Rules of Engagement are not absolute and may be subject to interpretation or conflicting guidance from higher headquarters. As such, soldiers must use their best judgment and adhere to the spirit of the laws, even in ambiguous situations, to avoid committing war crimes.
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Frequently asked questions
Nations that signed the Geneva Conventions are required to search for, try and punish anyone who has committed or ordered certain "grave breaches" of the laws of war.
The laws of war are a set of rules that govern the behaviour of soldiers during combat. They include provisions such as the requirement to wear a uniform and the prohibition of certain weapons or tactics.
A soldier who is found guilty of breaking the laws of war may be held individually accountable for war crimes and punished accordingly.
