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Law of war

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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...

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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 only for contravening the GC guidelines but also for the contravention by the subordinates acting in direction of the commander (Howard, 1956)
Civilian Eviction Order
“We recognize your consistent support for the ongoing military exercise. We seek to notify you the need for civilian evacuation and request your cooperation in civilian evacuation to increase vicinity of our medical facilities as well as promoting convenience. Advice the civilian on the significance of their cooperation in the evacuation exercise. The US military operations seek to observe article 17 of GC, but should the civilians resist the evacuation, article 28 gives authority for forceful eviction, which will be adopted where necessary”
The GC restrict forceful eviction unless they are justifiable by military necessity. The new order seeks cooperation from the civilian through the mayor which will ensure less resistance hence less forceful eviction. The order minimizes grace breaches that would arise from forceful eviction. As well, the recognition of the implication of contravening the GC guidelines by both parties; protector and protected, will convince the civilians the need to follow the eviction guidelines.
Indiscriminate Attacks.
To me, the statement soldiers will not fire indiscriminately implies soldiers are restricted from firing without a clear objective or target. The restriction ensures limited civilian casualties and helps soldiers differentiate combats from combats. MCRP 11-10 A clearly outlines indiscriminate attack are attacks that are indirectly linked to a military objective which US Marine Corps (2005) cautions as unlawful. An indiscriminate attack is an attack that yields injury of loss of civilians life, civilian’s property damage that disproportionately links to the anticipated advantage of the military operation, and ultimately causes serious health and body injury and death. The restriction implies that soldiers cannot openly open fire on non-hostile crowds.

Hors de Combat
Hors de Combat implies that attack is restricted to people who are not actively engaged or are unable to fight provided the person abstains from hostility and portrays no attempt to escape. Such people include people clearly communicates the intent to surrender, people in the custody of adverse party, and people who are defenseless as a result of wounded, unconsciousness shipwreck or sickness (Howard, 1956).
Auxiliary Medical personnel
The term refers to members of the armed forces who are precisely trained for deployment during emergencies. The members can be deployed as nurses, hospital orderlies or 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 or deportation of protected are outlined as grave breaches by the Geneva Convention (Howard, 1956).
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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