|
Performance
Steps
|
|
1. Define the Customary Law of War.
|
a.
Describe the purpose and
result of the Customary Law of War.
|
b.
Describe the relationship
between the Customary Law of War and
the Hague Convention and Geneva
Convention.
|
|
2. Describe what the Hague and Geneva conventions
basically represent.
|
|
3. Describe the U.S. responsibility to comply with the
Hague and Geneva conventions.
|
|
4. Describe the Customary Law of War and Hague
Convention’s limitations on targets.
|
a.
Describe the
international law prohibition on
targeting or attacking civilians.
|
b.
Describe the Hague
regulations prohibition on the
destruction or seizure of enemy
property unless imperatively
demanded by military necessity.
|
c.
Describe the Hague
Regulation provisions regarding
attacking a military target or a
place occupied by a combatant force.
|
d.
Describe the Hague
Regulation prohibition against
attacking an undefended town,
village, dwellings, buildings, or
other such place.
|
(1)
Define an undefended
place within the meaning of the
Hague Convention.
|
(2)
Describe the conditions
that must exist for a place to be
considered undefended.
|
(3)
Describe the effect of
medical units, wounded and sick,
and police forces within the
undefended place on the character
or status of the undefended place.
|
e.
Describe the
permissibility of attacking or
bombarding defended places.
|
(1)
Define what constitutes
a defended place.
|
(2)
Describe the status
(defended or undefended) of a city
or town surrounded by detached
defense positions.
|
f.
Describe what constitutes
a permissible military objective for
attack, including bombardment.
|
g.
Describe the relationship
between military necessity versus
unnecessary suffering or
destruction.
|
h.
Describe the protections
afforded buildings dedicated to
religion, art, science, or
charitable purposes, or historic
monuments during an attack or
bombardment.
|
i.
Describe the effect on
protected status afforded buildings
dedicated to religion, art, science,
or charitable purposes, or historic
monuments if these buildings are
being used for military purposes.
|
j.
Describe the protections
afforded hospitals and other places
where the sick and wounded are
collected during an attack or
bombardment.
|
(1)
Describe the effect on
this protected status if enemy
soldiers are the sick and wounded
inside these hospitals or medical
areas.
|
(2)
Describe the effect on
this protected status if these
hospitals or medical areas are
being used for military purposes.
|
k.
Describe what may constitute
an illegal trick or method or
treacherous act under the Law of War
in regards to permissible targets.
|
l.
Describe why illegal tricks
or methods or treacherous acts are
prohibited.
|
m.
Describe the legality of
incidental damage to surrounding
buildings during an attack on a
legitimate target.
|
|
5. Describe the Customary Law of War and Hague
Regulation prohibitions on the use of
certain types of weapons.
|
a.
Describe the Hague
Regulation prohibitions against the
employment of arms, material, or
projectiles designed to cause
unnecessary suffering.
|
b.
Describe the possibility
of a soldier violating the law of
war by using an issued weapon in an
illegal manner.
|
c.
Describe the Hague
Regulation prohibition on the use in
war of poison or poisoned weapons
against human beings.
|
d.
Describe the 1925 Geneva
Protocol prohibition regarding the
use of asphyxiating, poisonous, or
other gases, and the bacteriological
methods of warfare in war.
|
e.
Describe the 1925 Geneva
Protocol ban on the use of chemical
weapons in war.
|
(1)
Describe the U.S.
prohibition on the first use of
chemical weapons in war.
|
(2)
Describe the U.S.
reservation to use chemical
weapons against a state if that
state fails to respect the Geneva
Protocol ban on the use of
chemical weapons.
|
(3)
Define a lethal agent and
describe how this Geneva Protocol
applies to a lethal agent.
|
(4)
Define what constitutes an
incapacitating agent and describe
how this Geneva Protocol applies
to an incapacitating agent.
|
(5)
Describe the U.S.
position that the Geneva Protocol
does not prohibit the use of
either chemical herbicides or riot
control agents in war.
|
(a)
Describe the U.S.
unilateral renouncement of first
use of herbicides in war and
exception to this policy.
|
(b)
Describe the U.S.
policy regarding first use of
riot-control agents in war.
|
(c)
Describe the
requirement for presidential
approval prior to use of
herbicides or riot-control
agents in armed conflict.
|
(6)
Describe the U.S.
position regarding the initial or
retaliatory use of bacteriological
methods of warfare.
|
(7)
Describe the 1925
Geneva Protocol position regarding
the use of smoke and incendiary
materials in war.
|
(8)
Describe international
law position regarding the use of
nuclear weapons by air, sea, or
land forces.
|
|
6. Describe the rules of the Customary Law of War and
Geneva Convention of 1949 governing
the humane treatment of noncombatants.
|
a.
Define who constitutes a
noncombatant.
|
b.
Define what constitutes
humane treatment.
|
c.
Describe what acts are
strictly prohibited against
noncombatants.
|
d.
Describe what constitutes
humane treatment of prisoners of
war.
|
(1)
Describe how all
captured persons are entitled to
be treated as prisoners of war
until their actual status is
determined.
|
(2)
Describe the
requirement to evacuate all
captured or detained persons to a
detainee collection point.
|
(3)
Describe what persons
determine a captured or detained
person status.
|
(4)
Describe the Geneva
Convention relative to the
treatment of prisoners of war
prohibition on the use of physical
force, mental torture, or coercion
to obtain information.
|
(5)
Describe what
information the 1949 Geneva
Prisoner of War Convention
requires a prisoner of war to
provide his captor.
|
(6)
Describe what actions a
captor or detaining power may take
against a prisoner of war who
refuses to answer questions, and
give the practical reasons for
this policy.
|
(7)
Describe the required
treatment of prisoners of war in
regards to-
|
(a)
Daily food and living
quarters.
|
(b)
Medical care.
|
(c)
Personal hygiene.
|
(d)
Exercise or
observance of religious faith.
|
(e)
Retention of personal
property.
|
(f)
Receive and send
mail.
|
(g)
Having a prisoner
representative.
|
(h)
Maintaining a chain
of command.
|
(i)
Requirement to work.
|
(8)
Describe a prisoner of
war responsibility to obey lawful
camp rules and disciplinary
actions that may be taken against
the prisoner of war for violation
of these rules.
|
e.
Describe what constitutes
the humane treatment of the wounded
and sick.
|
(1)
Describe the applicability
of Article 14 of the Geneva
Convention for the amelioration of
the condition of the wounded and
sick in the armed forces in the
field, and what it provides
regarding the prisoner of war
status of wounded and sick of a
belligerent who falls into enemy
hands.
|
(2)
Describe what Article
12 of the Geneva Wounded and Sick
Convention provides regarding
protection and treatment of
members of the armed forces who
are wounded or sick.
|
(3)
Describe the
requirement to leave medical
personnel and material behind to
care for wounded and sick.
|
(4)
Describe the
protections afforded medical
personnel.
|
(a)
Describe how these
protections apply to military
medics.
|
(b)
Describe how these
protections apply to medical
staff exclusively engaged in the
administration of medical units
and establishments.
|
(c)
Describe how these
protections apply to chaplains
attached to the armed forces.
|
(d)
Describe how these
protections apply to staff of
national Red Cross societies and
other voluntary aid
organizations.
|
(5)
Describe the status of
captured full-time medical
personnel as prisoners of war or
retained personnel.
|
(a)
Describe the right of
retained medical personnel to
perform medical duties.
|
(b)
Describe the right
and time limitation of the
detaining power to retain
full-time medical personnel
under the Wounded and Sick
Geneva Convention.
|
(c)
Describe the
requirement and procedures the
detaining power must follow to
return retained medical
personnel to their own side.
|
(d)
Describe the
relationship of the Geneva
Convention to prisoners of war
and retained personnel.
|
(e)
Describe the
requirement of retained
personnel to follow the captor’s
internal disciplinary system of
the camp at which they are
detained.
|
(6)
Describe the status and
protections afforded members of
the armed forces specially trained
for employment as hospital
orderlies, nurses, or bearers of
auxiliary stretchers.
|
(a)
Describe the
individual status of prisoners
of war versus retained
personnel.
|
(b)
Describe the
individual rights regarding
return to their own side.
|
(c)
Describe the
individual rights regarding work
or duties while in the prisoner
of war camp.
|
(7)
Describe the status and
protections afforded members of
recognized aid societies of
neutral countries that lend
assistance of their medical
personnel and units to a party to
the conflict.
|
(a)
Describe what
consent, authorization, and
control mechanism are required
in order for these individuals
to assist a party to the
conflict.
|
(b)
Describe what
notification requirements are
necessary in order for these
individuals to assist a party to
the conflict.
|
(c)
Describe the captor’s
right to detain these
individuals and the requirement
to return them to their own
side.
|
(d)
Describe what work
these individuals may perform
while detained.
|
(8)
Describe the protected
status of medical property,
material, and equipment under the
Geneva Wounded and Sick
Convention.
|
(a)
Describe the
circumstances under which fixed
medical establishments and
mobile units of the medical
service may be attacked.
|
(b)
Describe the duty to
ensure medical establishments
and units are not situated near
military objectives.
|
(c)
Describe the
relationship between protections
afforded medical establishments
and incidental damage, injury,
or death to patients or
personnel.
|
(d)
Describe the possible
loss of its protected status if
fixed medical establishments and
mobile medical units are used to
commit acts harmful to the
enemy.
|
(e)
Describe the
requirement for the enemy to
warn the medical establishment
prior to the loss of its
protected status.
|
(f)
Describe that only
after the enemy provides such
warning, and the warning remains
unheeded, will the protection of
the medical establishment lapse.
|
(g)
Describe
circumstances that do not
deprive a medical unit or
establishment of its protection.
|
(h)
Describe whether
medical personnel being armed
and using these arms to defend
themselves and the sick and
wounded deprives the medical
unit or establishment of its
protection.
|
(i)
Describe whether the
medical unit or establishment
being protected by a picket,
sentries, or an escort in the
absence of armed orderlies
deprives the medical unit or
establishment of its protection.
|
(j)
Describe whether the
establishment or medical unit is
deprived of its protection if
small arms or ammunition taken
from the wounded and sick and
not yet turned over to the
proper service are found on the
medical unit or establishment.
|
(k)
Describe whether
personnel from the medical unit
or establishment providing
humanitarian care to the
civilian wounded or sick deprive
the medical unit or
establishment of its protection.
|
(l)
Describe the
provisions of the Geneva Wounded
and Sick Convention regarding
the establishment of hospital
zones and localities in order to
shield the wounded and sick from
the impact of war.
|
(m)
Describe the enemy’s
obligation to restore medical
buildings to the other side, and
the ownership of captured
medical material, stores, and
equipment.
|
(n)
Describe a
commander’s authority to use
medical buildings for other than
medical purposes, in cases of
urgent military necessity.
|
(o)
Describe the private
property status and the right of
requisition of real and personal
property of aid societies.
|
(p)
Describe the
protected status of medical
aircraft.
|
(q)
Define what
constitutes a medical aircraft.
|
(r)
Describe the
requirement for medical aircraft
to fly at heights and times, and
on routes specifically agreed
upon between the conflicting
parties.
|
(s)
Describe the required
protective markings that must be
displayed on medical aircraft.
|
(t)
Describe the
prohibition against medical
aircraft flying over enemy
territory or enemy-occupied
territory.
|
(u)
Describe the
requirement for medical aircraft
to land, upon request from the
enemy.
|
(v)
Describe the right of
medical aircraft to continue
their flight after examination
by the enemy.
|
(w)
Describe the prisoner
of war status of the wounded and
sick and the aircraft crew
captured by the enemy after an
involuntary landing of the
medical aircraft because of
mechanical failure or inclement
weather.
|
(x)
Describe the emblem
or distinctive sign of the
medical service of an armed
force.
|
(y)
Describe what other
medical service emblems are
recognized by the Geneva
Convention.
|
(z)
Describe whether the
Star of David, used by the State
of Israel, is specifically
recognized by the Geneva
Convention.
|
(aa)
Describe under what
direction and where these
medical service emblems must be
displayed.
|
(ab)
Describe what medical
service emblems medical
personnel are required to wear
and where these emblems should
be displayed.
|
(ac)
Describe the requirement
for medical personnel to carry a
special identity card bearing
the medical emblem.
|
(ad)
Describe the
circumstances under which
medical personnel may be
deprived of their insignia,
identity cards, or the right to
wear the armlet.
|
(ae)
Describe the right of
medical personnel to receive
duplicate identity cards or
replace insignia if lost.
|
(af)
Describe the medical
service emblems that auxiliary
stretcher bearers must wear and
when they must wear these
emblems.
|
(ag)
Describe what
information must be specified on
the military identity documents
of auxiliary stretcher bearers.
|
(ah)
Describe what flag
may be flown over medical units
and establishments.
|
(ai)
Describe what flags may
be flown over captured medical
units.
|
(aj)
Describe the requirement
for distinctive emblems
indicating medical units and
establishments to be clearly
visible to the enemy land, air,
or naval forces.
|
(ak)
Describe what flags may
be flown over medical units
belonging to aid societies of
neutral countries assisting a
party to the conflict.
|
f.
Describe what constitutes
the humane treatment of civilians.
|
(1)
Describe what rights
and protections are afforded the
civilian population of the country
in conflict under Article 27 of
the Geneva Convention relative to
the protection of civilian persons
in time of war.
|
(2)
Describe the rights of
civilians to be protected against
all acts or threats of violence
and against insults and public
curiosity.
|
(3)
Describe the rights of
civilian women to be protected
against attack, enforced
prostitution, rape, and other
forms of sexual assault.
|
(4)
Describe the right of
an occupying force to enforce
control and security measures and
how commanders must ensure that
all persons are treated humanely,
while enforcing control and
security measures.
|
(5)
Describe the right of
civilians not to be subjected to
medical or scientific experiments,
nor made the object of collective
penalties or reprisals, or held
hostage.
|
(6)
Describe the right of
civilians to have their property
protected from pillage or looting.
|
(7)
Describe the right of
the occupying power to establish
laws and try and punish civilians
for violations of these occupation
laws.
|
|
7. Describe the responsibilities of U.S. soldiers to
obey the Law of War.
|
a.
Describe how U.S.
soldiers are bound to obey all the
rules of the Customary Law of War
and the Hague and Geneva
conventions.
|
b.
Describe how U.S.
soldiers may be court-martialled for
violating these rules.
|
c.
Describe how U.S.
soldiers may also be prosecuted for
committing a war crime.
|
d.
Define a grave breach of
the Law of War.
|
(1)
Describe what criminal
offenses may constitute a grave
breach.
|
(2)
Describe what
disciplinary actions may be taken
against a U.S. soldier, who
commits a grave breach.
|
(3)
Describe the statute of
limitations on the prosecution of
a war crime.
|
(4)
Describe the
responsibilities of the United
States, as a signatory of the
Geneva Convention, regarding a
person who commits a grave breach.
|
e.
Describe the
responsibilities of the commander in
regards to violations of the Law of
War.
|
(1)
Describe how the legal
responsibility for the commission
of a war crime can be placed on
the commander as well as the
subordinate who actually commits
the war crime.
|
(2)
Describe the
circumstances under which a
commander may be prosecuted for
the commission of a war crime.
|
f.
Describe a criminal order
and a soldier’s responsibility
toward a criminal order.
|
(1)
Describe the
applicability of a soldier
asserting the defense of
"obeying a superior
order" for the commission of
a war crime.
|
(2)
Describe whether a
subordinate soldier, who actually
commits a war crime, is excused
from prosecution if the commander
is charged with the commission of
the war crime.
|
(3)
Describe the
responsibility of a soldier to
disobey any order
that requires the soldier
to commit criminal acts in
violation of the Law of War.
|
(4)
Describe the
responsibility of a soldier to
obey the rules of engagement and
the potential consequences for
violating the rules of engagement.
|
(5)
Describe the
responsibility of the soldier to
ask a superior for clarification
of an order presumed to be
criminal or illegal.
|
g.
Describe a soldier’s
obligation to report violations of
the Law of War.
|
(1)
Describe the
requirement of a soldier to inform
the chain of command of known or
suspected violations of the Law of
War.
|
(2)
Describe what other
avenues or agencies are available
for the soldier to report known or
suspected violations of the Law of
War.
|
(3)
Describe when soldiers
should notify their chain of
command or alternative agencies of
known or suspected violations of
the Law of War.
|
|
Performance
Measures
|
GO
|
NO
GO
|
|
1. Defined the Customary Law of War.
|
______
|
______
|
a.
Described the purpose and
result of the Customary Law of War.
|
|
|
b.
Described
the relationship between the
Customary Law of War and the Hague
Convention of 1907 and the Geneva
Convention of 1949.
|
|
|
|
2. Described what the Hague and Geneva conventions
basically represent.
|
______
|
______
|
|
3. Described the U.S. responsibility to comply with
the Hague and Geneva conventions.
|
______
|
______
|
|
4. Described the Customary Law of War and Hague
Convention limitation on targets.
|
______
|
______
|
a.
Described the
international law prohibition on
targeting or attacking civilians.
|
|
|
b.
Described
the Hague Regulation prohibition on
the destruction or seizure of enemy
property unless imperatively
demanded by military necessity.
|
|
|
c.
Described
the Hague Regulation provisions
regarding attacking a military
target or a place occupied by a
combatant force.
|
|
|
d.
Described
the Hague Regulation prohibition
against attacking an undefended
town, village, dwellings, buildings,
or other such place.
|
|
|
(1)
Defined an undefended
place within the meaning of the
Hague Convention.
|
|
|
(2)
Described the condition
that must exist for a place to be
considered undefended.
|
|
|
(3)
Described the effect of
medical units, wounded and sick,
and police forces within the
undefended place on the character
or status of the undefended place.
|
|
|
e.
Described
the permissibility of attacking or
bombarding defended places.
|
|
|
(1)
Defined what
constitutes a defended place.
|
|
|
(2)
Described the status
(defended or undefended) of a city
or town surrounded by detached
defense positions.
|
|
|
f.
Described what
constitutes a permissible military
objective for attack, including
bombardment.
|
|
|
g.
Described
the relationship between military
necessity versus unnecessary
suffering or destruction.
|
|
|
h.
Described the protections
afforded buildings dedicated to
religion, art, science, or
charitable purposes, or historic
monuments during an attack or
bombardment.
|
|
|
i.
Described the effect on
protected status afforded buildings
dedicated to religion, art, science,
or charitable purposes, or historic
monuments if these buildings are
being used for military purposes.
|
|
|
j.
Described the protections
afforded hospitals and other places
where the sick and wounded are
collected during an attack or
bombardment.
|
|
|
(1)
Described the effect on
this protected status if enemy
soldiers are the sick or wounded
inside these hospitals or medical
areas.
|
|
|
(2)
Described the effect on
this protected status if these
hospitals or medical areas are
being used for military purposes.
|
|
|
k.
Described
what may constitute an illegal trick
or method or treacherous act under
the Law of War in regards to
permissible targets.
|
|
|
l.
Described why illegal
tricks or methods or treacherous
acts are prohibited.
|
|
|
m.
Described the legality of
incidental damage to surrounding
buildings during an attack on a
legitimate target.
|
|
|
|
5. Described the Customary Law of War and Hague
Regulation prohibitions on the use of
certain types of weapons.
|
—
|
—
|
a.
Described the Hague
Regulation prohibitions against the
employment of arms, material, or
projectiles designated to cause
unnecessary suffering.
|
|
|
b.
Described
the possibility of a soldier
violating the Law of War by using an
issued weapon in an illegal manner.
|
|
|
c.
Described
the Hague Regulation prohibitions on
the use, in war, of poison or
poisoned weapons against human
beings.
|
|
|
d.
Described
the 1925 Geneva Protocol prohibition
regarding the use, in war, of
asphyxiating, poisonous, or other
gases, and bacteriological methods
of warfare.
|
|
|
e.
Described
the 1925 Geneva Protocol ban on the
use of chemical weapons in war.
|
|
|
(1)
Described the U.S.
prohibition on the first use of
chemical weapons in war.
|
|
|
(2)
Described the U.S.
reservation to use chemical
weapons against a state if that
state fails to respect the Geneva
Protocol ban on the use of
chemical weapons.
|
|
|
(3)
Defined a lethal chemical
agent and described how this
Geneva Protocol applies to a
lethal chemical agent.
|
|
|
(4)
Defined what constitutes an
incapacitating chemical agent and
described how this Geneva Protocol
applies to an incapacitating
chemical agent.
|
|
|
(5)
Described the U.S.
position that the Geneva Protocol
does not prohibit the use of
either chemical herbicides or
riot-control agents in war.
|
|
|
(a)
Described the U.S.
unilateral renouncement of first
use of herbicides in war and
exception to this policy.
|
|
|
(b)
Described the U.S.
policy regarding first use of
riot-control agents in war.
|
|
|
(c)
Described the
requirement for Presidential
approval prior to use of
herbicides or riot-control
agents in armed conflict.
|
|
|
(6)
Described the U.S.
position regarding the initial or
retaliatory use of bacteriological
methods of warfare.
|
|
|
(7)
Described the 1925
Geneva Protocol position regarding
the use of smoke and incendiary
materials in war.
|
|
|
(8)
Described international
law position regarding the use of
nuclear weapons by air, sea, or
land forces.
|
|
|
|
6. Described the rules of the Customary Law of War and
Geneva Convention of 1949 governing
the humane treatment of noncombatants.
|
—
|
—
|
a.
Defined who constitutes a
noncombatant.
|
|
|
b.
Defined
what constitutes humane treatment.
|
|
|
c.
Described
what acts are strictly prohibited
against noncombatants.
|
|
|
d.
Described
what constitutes humane treatment of
prisoners of war.
|
|
|
(1)
Described how all
captured persons are entitled to
be treated as prisoners of war
until their actual status is
determined.
|
|
|
(2)
Described the
requirement to evacuate all
captured or detained persons to a
detainee collection point.
|
|
|
(3)
Described what persons
determine a captured or detained
person’s status.
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(4)
Described the Geneva
convention relative to the
treatment of prisoners of war
prohibition on the use of physical
force, mental torture, or coercion
to obtain information.
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(5)
Described what
information the 1949 Geneva
Prisoner of War Convention
requires a prisoner of war to
provide to his captor.
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(6)
Described what actions a
captor or detaining power may take
against a prisoner of war who
refuses to answer questions, and
the practical reasons for this
policy.
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(7)
Described the required
treatment of prisoners of war in
regards to-
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(a)
Daily food and living
quarters.
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(b)
Medical care.
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(c)
Personal hygiene.
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(d)
Exercise or
observance of religious faith.
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(e)
Retention of personal
property.
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(f)
Receive and send
mail.
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(g)
Having a prisoner’s
representative.
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(h)
Maintaining a chain
of command.
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(i)
Requirement to work.
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(8)
Described a prisoner of
war responsibility to obey lawful
camp rules and disciplinary
actions that may be taken against
the prisoner of war for violation
of these rules.
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e.
Described
what constitutes the humane
treatment of the wounded and sick.
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(1)
Described the applicability
of Article 14 of the Geneva
Convention for the amelioration of
the condition of the wounded and
sick in the armed forces in the
field and what it provides
regarding the prisoner of war
status of wounded and sick of a
belligerent who falls into enemy
hands.
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(2)
Described what Article
12 of the Geneva Wounded and Sick
Convention provides regarding
protection and treatment of
members of the armed forces who
are wounded or sick.
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(3)
Described the
requirement to leave medical
personnel and material behind to
care for wounded and sick.
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(4)
Described the
protections afforded medical
personnel.
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(a)
Described how these
protections apply to military
medics.
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(b)
Described how these
protections apply to medical
staff exclusively engaged in the
administration of medical units
and establishments.
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(c)
Described how these
protections apply to chaplains
attached to the armed forces.
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(d)
Described how these
protections apply to staff of
national Red Cross societies and
other voluntary aid
organizations.
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(5)
Described the status of
captured full-time medical
personnel as prisoners of war or
retained personnel.
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(a)
Described the right
of retained medical personnel to
perform medical duties.
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(b)
Described the right
and time limitation of the
detaining power to retain
full-time medical personnel
under the wounded and sick
Geneva Convention.
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(c)
Described the
requirement and procedures the
detaining power must follow to
return retained medical
personnel to their own side.
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(d)
Described the
relationship of the Geneva
Convention relative to prisoners
of war and retained personnel.
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(e)
Described the
requirement of retained
personnel to follow the
captors’ internal disciplinary
system at the camp where they
are detained.
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(6)
Described the status
and protection afforded members of
the armed forces specially trained
for employment as hospital
orderlies, nurses, or auxiliary
stretcher bearers.
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(a)
Described these
individuals’ status as
prisoners of war versus retained
personnel.
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(b)
Described these
individuals’ rights regarding
return to their own side.
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(c)
Described these
individuals’ rights regarding
work or duties while in the
prisoner of war camp.
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(7)
Described the status
and protections afforded members
of recognized aid societies of
neutral countries that lend
assistance of their medical
personnel and units to a party to
the conflict.
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(a)
Describe what
consent, authorization, and
control mechanisms are required
in order for these individuals
to assist a party to the
conflict.
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(b)
Described what
notification requirements are
necessary in order for these
individuals to assist a party to
the conflict.
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(c)
Described the
captor’s right to detain these
individuals and the requirement
to return them to their own
side.
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(d)
Described what work
these individuals may perform
while detained.
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(8)
Described the protected
status of medical property,
material, and equipment under the
Geneva Wounded and Sick
Convention.
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(a)
Described the
circumstances under which fixed
medical establishments and
mobile units of the medical
service may be attacked.
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(b)
Described the duty to
ensure medical establishments
and units are not situated near
military objectives.
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(c)
Described the
relationship between protections
afforded medical establishments
and incidental damage, injury,
or death to patients or
personnel.
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(d)
Described the
possible loss of its protected
status if fixed medical
establishments and mobile units
are used to commit acts harmful
to the enemy.
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(e)
Described the
requirement for the enemy to
warn the medical establishment
prior to the loss of its
protected status.
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(f)
Described that only
after the enemy provides such
warning, and the warning remains
unheeded, will protection of the
medical establishment lapse.
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(g)
Described
circumstances that do not
deprive a medical unit or
establishment of its protection.
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(h)
Described whether
medical personnel being armed
and using those arms to defend
themselves and the sick and
wounded deprive the medical unit
or establishment of its
protection.
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(i)
Described whether the
medical unit or establishment
being protected by a picket,
sentries, or an escort in the
absence of armed orderlies
deprives the medical unit or
establishment of its protection.
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(j)
Described whether the
discovery of small arms and
ammunition taken from the
wounded and sick and not yet
turned over to the proper
service on the medical unit or
establishment deprives the
medical unit or establishment of
its protection.
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(k)
Described whether
personnel from the medical unit
or establishment providing
humanitarian care to the
civilian wounded or sick deprive
the medical unit or
establishment of its protection.
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(l)
Described the
provisions of the Geneva Wounded
and Sick Convention regarding
the establishment of hospital
zones and localities in order to
shield the wounded and sick from
the impact of war.
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(m)
Described the enemy’s
obligation to restore medical
buildings to the other side and
the ownership of captured
medical material, stores, and
equipment.
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(n)
Described the
authority of a commander to use
medical buildings for other than
medical purposes, in cases of
urgent military necessity.
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(o)
Described the private
property status and the right of
requisition of real and personal
property of aid societies.
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(p)
Described the
protected status of medical
aircraft.
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(q)
Defined what
constitutes a medical aircraft.
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(r)
Described the
requirement for medical aircraft
to fly at heights, times, and on
routes specifically agreed upon
between the conflicting parties.
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(s)
Described the
required protective markings
that must be displayed on
medical aircraft.
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(t)
Described the
prohibition against medical
aircraft flying over enemy
territory or enemy-occupied
territory.
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(u)
Described the
requirement for medical aircraft
to land, upon request from the
enemy.
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(v)
Described the right
of medical aircraft to continue
their flight after examination
from the enemy.
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(w)
Described the
prisoner of war status of the
wounded and sick and the
aircraft crew captured by the
enemy after an involuntary
landing of the medical aircraft
because of mechanical failure or
inclement weather.
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(x)
Described the emblem
or distinctive sign of the
medical service of an armed
force.
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(y)
Described what other
medical service emblems are
recognized by the Geneva
Convention.
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(z)
Described whether the
Star of David, used by the State
of Israel, is specifically
recognized by the Geneva
Convention.
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(aa)
Described
under what direction and where
these medical service emblems
must be displayed.
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(ab)
Described
what medical service emblems
medical personnel are required
to wear and where these emblems
should be displayed.
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(ac)
Described the requirement
for medical personnel to carry a
special identity card bearing
the medical emblem.
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(ad)
Described
the circumstances under which
medical personnel may be
deprived of their insignia,
identity cards, or the right to
wear the armlet.
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(ae)
Described
the right of medical personnel
to receive duplicate identity
cards or replace insignia if
lost.
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(af)
Described the medical
service emblems that auxiliary
stretcher bearers must wear and
when they must wear these
emblems.
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(ag)
Described
what information must be
specified on the military
identity documents of auxiliary
stretcher bearers.
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(ah)
Described what flag may
be flown over medical units and
establishments.
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(ai)
Described what flags
may be flown over captured
medical units.
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(aj)
Described the
requirement for distinctive
emblems indicating medical units
and establishments to be clearly
visible to the enemy land, air,
or naval forces.
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(ak)
Described
what flags may be flown over
medical units belonging to aid
societies of neutral countries
assisting a party to the
conflict.
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f.
Described what
constitutes the humane treatment of
civilians.
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(1)
Described what rights
and protections are afforded the
civilian population of the country
in conflict under Article 27 of
the Geneva Convention relative to
the protection of civilian persons
in time of war.
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(2)
Described the rights of
civilians to be protected against
all acts or threats of violence
and against insults and public
curiosity.
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(3)
Described the rights of
civilian women to be protected
against attack, enforced
prostitution, rape, and other
forms of sexual assault.
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(4)
Described the right of
an occupying force to enforce
control and security measures and
how commanders must ensure that
all persons are treated humanely
while enforcing control and
security measures.
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(5)
Described the right of
civilians not to be subjected to
medical or scientific experiments,
nor made the object of collective
penalties or reprisals, or held
hostage.
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(6)
Described the right of
civilians to have their property
protected from pillage or looting.
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(7)
Described the right of
the occupying power to establish
laws and try and punish civilians
for violation of these occupation
laws.
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|
7. Described the responsibility of U.S. soldiers to
obey the Law of War.
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|
a.
Described how U.S.
soldiers are bound to obey all the
rules of the Customary Law of War
and the Hague and Geneva
conventions.
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b.
Described
how U.S. soldiers may be
court-martialed for violating these
rules.
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c.
Described
how U.S. soldiers may also be
prosecuted for committing a war
crime.
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|
d.
Defined
a grave breach of the Law of War.
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|
(1)
Described what criminal
offenses may constitute a grave
breach.
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|
(2)
Described what
disciplinary actions may be taken
against U.S. soldiers who commit a
grave breach.
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|
(3)
Described the statute
of limitations on the prosecution
of a war crime.
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|
(4)
Described the
responsibilities of the United
States, as a signatory of the
Geneva Conventions, regarding a
person who commits a grave breach.
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e.
Described
the responsibility of the commander
in regards to violations of the Law
of War.
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|
|
(1)
Described how the legal
responsibility for the commission
of a war crime can be placed on
the commander as well as the
subordinate who actually commits
the war crime.
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|
(2)
Described the
circumstances under which a
commander may be prosecuted for
the commission of a war crime.
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|
f.
Described a criminal
order and a soldier’s responsibility
toward a criminal order.
|
|
|
(1)
Described the
applicability of a soldier
asserting the defense of
"obeying a superior
order" for the commission of
a war crime.
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|
|
(2)
Described whether a
subordinate soldier, who actually
commits a war crime, is excused
from prosecution if the commander
is charged with the commission of
the war crime.
|
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|
(3)
Described the
responsibility of a soldier to
disobey any order that requires
the soldier to commit criminal
acts in violation of the Law of
War.
|
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|
(4)
Described the
responsibility of a soldier to
obey the rules of engagement and
the potential consequences for
violating the rules of engagement.
|
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|
(5)
Described the
responsibility of the soldier to
ask a superior for clarification
of an order presumed to be
criminal or illegal.
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|
g.
Described
a soldier’s obligation to report
violations of the Law of War.
|
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|
(1)
Described the
requirement of a soldier to inform
the chain of command of known or
suspected violations of the Law of
War.
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|
(2)
Described what other
avenues or agencies are available
for the soldier to report known or
suspected violations of the Law of
War.
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|
(3)
Described when soldiers
should notify their chain of
command or alternative agencies of
known or suspected violations of
the Law of War.
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