10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

policy has required, as a general matter, that personnel are trained in the law of warcommensurate with their duties. 54Training may involve not only classroom instruction or individualized study, but also, forexample, unit training exercises. 55In many cases, training on law of war requirements may not be classified as “law of war”training, or may be conducted without acknowledgment that the requirements are law of warrequirements. 56 Rather, it may be the case that military forces would be trained according tomilitary doctrines or regulations, which have incorporated law of war requirements and havebeen reviewed for consistency with the law of war. 5754 DOD DIRECTIVE 2311.01E, DoD Law of War Program, 5.8 (May 9, 2006, Certified Current as of Feb. 22, 2011)(“The Secretaries of the Military Departments shall develop internal policies and procedures consistent with thisDirective in support of the DoD Law of War Program to: … 5.8.1. Provide directives, publications, instructions, andtraining so the principles and rules of the law of war will be known to members of their respective Departments.Such knowledge will be commensurate with each individual's duties and responsibilities.”).55 For example, W. Hays Parks, The United States Military and the Law of War: Inculcating an Ethos, 69 SOCIALRESEARCH 981, 995-96 (2002) (“The Army also maintains four permanent Combat Training Centers (CTCs). TheCTCs-at Ft. Irwin, California; Ft. Polk, Louisiana; Ft. Leavenworth, Kansas; and Hohenfels, Germany-offer avariety of combat and peace operations training for Army units. Three of the CTCs are staffed with a full-timeopposing force (the OPFOR), which ‘engages’ the training unit, as well as an observer-controller (OC) contingent.The OCs observe the mission, mentor the training unit's commanders and soldiers, and direct some of the activitythat occurs during the training exercise. The Army Judge Advocate General's Corps has assigned Army judgeadvocates to serve as OCs at each of the CTCs. As part of their duties, these judge advocate OCs script eventsinvolving civilians, who, in turn, interact with the personnel of the unit being trained. These civilians, or roleplayers,serve critical training functions. For example, they may play the part of ICRC personnel who visit atraining unit for the purpose of inspecting the unit's EPW holding facilities. They may also live in full-scale‘villages’ on the battlefield, playing the role of civilians who find themselves caught up in the context of an ongoingconflict. The judge advocate observer-controllers monitor the training unit's interaction with these civilians,ensuring that commanders, staff, and individual soldiers understand and meet their law of war obligations. These‘villages’ also include such structures as churches and historic sites. Thus, the unit also is ‘tested’ on law of warcompliance as it relates to targeting and weaponeering considerations. Experience has shown this type of hands-on,realistic law of war training to be exceptionally effective.”).56 For example, W. Hays Parks, The United States Military and the Law of War: Inculcating an Ethos, 69 SOCIALRESEARCH 981, 982-83 (2002) (“Other training may cover law of war topics, or address law of war obligations,without necessarily referring to the law of war. An example is teaching a soldier how to handle an enemy prisonerof war (EPW). Once the prisoner of war has reached an EPW collection point, or a theater EPW camp, militarypolice personnel working in each will go about their assigned duties to process and care for the prisoner of war. Inall likelihood each soldier handling an EPW will have received training relative to his or her assigned duties. Butthe training of each will not necessarily be listed or categorized as ‘law of war training,’ since it is based on doctrineor regulations. Similarly, military medical personnel are trained to treat battlefield wounded and sick solely on thebasis of medical priority. This training may be done without acknowledgment that it is a treaty requirement. Thesame may be said for training provided to combat engineers in laying minefields. The doctrine will have beenreviewed for compliance with treaty requirements, and the mines employed will have been reviewed in compliancewith the country’s treaty obligations. The combat engineer will employ lawful mines in a manner consistent withhis or her doctrine. It is unlikely this will be classified as law of war training.”).57 Refer to § 18.7.2 (Reasons for Implementation Through Instructions, Regulations, and Procedures).1065

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!