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Sunday, March 23 |

Law and Iraq - press clippings
Bernard Hibbitts at 3/23/2003 08:05:46 PM



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Iraq TV display of US soldiers violates Geneva Convention - Rumsfeld
Bernard Hibbitts at 3/23/2003 11:33:46 AM

US Defense Secretary Donald Rumsfeld has said Iraq TV's display Sunday of what it claimed were dead and captured US soldiers is a violation of terms of the Geneva Convention. "The Geneva Convention indicates that it's not permitted to photograph and embarrass or humiliate prisoners of war," Rumsfeld said on CBS' Face the Nation. Review the terms of the Geneva Convention Relative to the Treatment of Prisoners of War, Article 13 of which states: "prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity." The US Army Judge Advocate General's Law of War Workshop Deskbook 2000, Chapter 5 - POWs and Detainees[DOC], gives the following guidance on Article 13 for US personnel dealing with EPWs (Enemy Prisoners of War): Protect against public curiosity. 1. Art. 13 does not per se prohibit photographing an EPW. Photos may not degrade or humiliate an EPW. In addition, balance harm to an EPW and family against news media value. Bottom line: strict guidelines required. 2. This is in stark contrast to Iraq and North Vietnams practice of parading POWs before the news media. UPDATE [3:38 PM]: On his return from Camp David Sunday, President Bush said this about the US prisoners shown on Iraqi TV: "I expect them to be treated, the POWs I expect to be treated humanely. And -- just like we're treating the prisoners that we have captured humanely. If not, the people who mistreat the prisoners will be treated as war criminals." A full transcript of the President's remarks is now online from the White House. UPDATE [4:26 PM ET]: US Central Command has just issued a press release saying: Out of respect for the families and consistent with the principles of the Geneva Conventions:
1) We request news organizations not air or publish recognizable images or audio recordings that identify POWs. Additionally, we request you not use their names, first or last, or their unit until next-of-kin notification is complete. We are working hard to reach their families. We will notify you as soon as this is done. Read the full text of the CENTCOM press release.


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Liability for "friendly fire"
Bernard Hibbitts at 3/23/2003 10:31:22 AM

The UK Ministry of Defense website on Operation Telic (the name of the UK operation in Iraq) carries this notice Sunday: On 23 March, an RAF GR4 Tornado aircraft from RAF Marham, which was returning from an operational mission, was engaged near the Kuwaiti border by a Patriot missile battery. The next of kin have been informed. An investigation is underway. Further information will be forthcoming when it is available. Procedures followed here will probably be similar to those followed in the wake of the Tarnak Farms incident in Afghanistan on April 17, 2002, where two United States Air Force F-16 aircraft released a 500 pound laser-guided bomb on Canadian ground forces engaged in live-fire training southwest of Kandahar, Afghanistan. Four Canadians were killed and eight wounded. Review the initial reports on the Tarnak Farms incident by US Central Command and the Canadian Department of National Defense.


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Red Cross reports from Iraq
Bernard Hibbitts at 3/23/2003 10:22:47 AM

Sunday's field reports from the Geneva-based International Committee of the Red Cross are now available. On the humanitarian situation in Baghdad, the ICRC say: On Sunday morning, the ICRC teams resumed their assessments and emergency interventions. ICRC teams visited the main hospitals in the city and continued to monitor key water treatment stations to evaluate the quantity and quality of drinking water supplies. Emergency stocks of drinking water were distributed to poorly supplied suburbs of Baghdad as well as to hospitals. According to hospital sources, 32 newly injured patients and 1 dead person arrived in Yarmouk Hospital and two newly injured people were checked in to Ibn Al-Nafis Hospital. No new arrivals of injured patients were reported in Al-Kindi Hospital. Read the complete text of the Red Cross field reports.


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Kuwait grenade attack - combat stress misconduct
Bernard Hibbitts at 3/23/2003 10:00:00 AM

Numerous press reports Sunday describe a grenade attack at a US military camp in Kuwait which killed one US soldier and wounded 13 others. This attack appears to fall under the category of "combat misconduct stress behaviors" described in a US Army Field Manual which also considers their legal repercussions: Misconduct stress behaviors are most likely to occur in units with poor morale or in units where problems exist.... Often, these misconduct stress behaviors may be the result of stressors and increased stress in a unit. These indicators could be a warning that the potential exists for heavy battle fatigue casualties if this unit is sent to combat.
Reacting to some misconduct stress behaviors is primarily the responsibility of the commanders and the legal system. While all misconduct stress behaviors are disciplinary problems, the extreme examples are violations of the Law of Land Warfare. Violations of the Law of Land Warfare must be reported and the offender(s) brought to justice. While medical, psychological, or psychiatric consultation may, in specific cases, be requested to document mental or organic illness that might support a defense of insanity, combat stress alone is no defense for criminal misconduct. Severe combat stress could be considered as an extenuating factor in determining the soldier's sentence. Examples of such misconduct stress behaviors [include]...
4-14. The Misconduct Stress Behavior of Threatening to Kill or Killing Unit Leaders or Other Soldiers a. Threatening to kill or killing unpopular leaders or soldiers (called "fragging" and so named from the technique of rolling a fragmentation grenade into the victim's bunker) is also a criminal act and subjects the offender to disciplinary action. Read more in US Army Field Manual No. 22-51: Leaders' Manual for Combat Stress Control: Combat Stress Behaviors.


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Expanded Sunday coverage
Bernard Hibbitts at 3/23/2003 09:15:01 AM

JURIST's limited Sunday service will be expanded today to allow continuing coverage of legal issues and information from the conflict in Iraq.


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March 23 - This day at law
Bernard Hibbitts at 3/23/2003 09:11:24 AM

On March 23, 1918, 101 leaders of the Industrial Workers of the World union ("The Wobblies") were put on trial in Chicago for conspiracy to obstruct America's participation in World War I. Learn more about the Wobblies from the Constitutional Rights Foundation.


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