Law of War Workshop Deskbook - Higgins Counterterrorism ...

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R 27-13The decision of the foregoing Tribunal in which the detainee was determined not to be entitled toEPW status has been determined to be legally sufficient/insufficient.FOR THE USARCENT STAFF JUDGE ADVOCATE__________________________Rank, Name, Title† An FPW is required by the GPW to provide this information.‡An EPW may not be compelled to provide this information.* Judge Advocate Member will so indicateChapter 5, AppendixPrisoners of War and Detainees118
R 27-13APPENDIX EFORM OF OATH FOR A MUSLIMIn the Name of Allah, the Most Compassionate, the Most Merciful, who gave usMuhammad His Prophet and the Holy Koran, I, (NAME), swear that my testimonybefore this Tribunal will be the truth.119Chapter 5, AppendixPrisoners of War and Detainees
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INTERNATIONAL AND OPERATIONAL LAW D
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HRAnnex to Hague Convention No. IV
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2. War versus Armed Conflict. Histo
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1. Jus ad Bellum: Legitimate War. L
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c. The intention must be the advanc
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. EXAMPLE: National leaders began t
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1. Early Charter Period. Immediatel
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CHAPTER 2THE UNITED NATIONS AND LEG
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C. Secretariat.collective security
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c. Note that the prohibition refers
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(ii)(iii)Blockade;Land, sea or air
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c. “Inherent right” of self def
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1. History, background and purpose.
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CHAPTER 3LEGAL FRAMEWORK OF THE LAW
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(1) GW: Wounded and Sick in the Fie
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1. Common Article 2 -- Internationa
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. Providing for the interjection of
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B. Protecting Power. This refers to
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APPENDIX ACONFLICT SPECTRUMInternal
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(as defined in subsection 3.2., bel
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5.5.2. Ensure that programs are imp
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eport, established in Joint Pub 1-0
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APPENDIX CIMPLEMENTATION OF THE DOD
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(c) The Director for Operations (J-
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1. Conducting appropriate prelimina
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CHAPTER 4THE 1949 GENEVA CONVENTION
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B. Civilians.1. Not expressly cover
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. The second prohibition was design
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Conqueror did not assist the shipwr
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H. Voluntary Participation of Local
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1,000 PWs. Those not required will
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(1) In Afghanistan, the Soviets eng
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. Exception - “in case of urgent
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(2) Medical aircraft (and vehicles)
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Page 77 and 78: CHAPTER 5PRISONERS OF WAR AND DETAI
Page 79 and 80: of attrition and EPW exchanges did
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Page 83 and 84: matter where they were located, bec
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Page 87 and 88: (2) The standard of proof is “pre
Page 89 and 90: . Implied - type of mission.c. Inhe
Page 91 and 92: actions were perpetrated by the ene
Page 93 and 94: D. Transfer of POWs (Art. 46 - 48,
Page 95 and 96: H. Escape.(1) Military Commissions.
Page 97 and 98: a. CW2 Hall incident 91(1) Probable
Page 99 and 100: 2. But can be punitive by analogy u
Page 101 and 102: 1 See WILLIAM FLORY, PRISONERS OF W
Page 103 and 104: 25 See BARRY E. CARTER AND PHILLIP
Page 105 and 106: to the rear. EPWs can be on the mov
Page 107 and 108: 63 See Ministry of Defence, United
Page 109 and 110: 78 See Art. 40 & 51, GCC for an ana
Page 111 and 112: 97 See Scott R. Morris, America’s
Page 113 and 114: R 27-13APPENDIXUNITED STATES CENTRA
Page 115 and 116: R 27-13c. The GPW provides that any
Page 117 and 118: R 27-13g. The servicing judge advoc
Page 119 and 120: R 27-13particular where such person
Page 121 and 122: R 27-13APPENDIX CTRIBUNAL PROCEDURE
Page 123 and 124: R 27-13d. Voting. The decisions of
Page 125: R 27-13APPENDIX DREPORT OF TRIBUNAL
Page 129 and 130: R 27-13(That you have committed a b
Page 131 and 132: CHAPTER 6PROTECTION OF CIVILIANS DU
Page 133 and 134: targeting method) benefit from rest
Page 135 and 136: c. The result: Protocol I. The prim
Page 137 and 138: actual harm to the personnel and eq
Page 139 and 140: principle common to all four Geneva
Page 141 and 142: . In addition to providing for the
Page 143 and 144: (1) Attacks not directed as a speci
Page 145 and 146: whatsoever find themselves, in case
Page 147 and 148: (1) Invader has rendered the invade
Page 149 and 150: 2. SPECIFIC PROTECTIONS - LOCATION
Page 151 and 152: (i)Can only be compelled to work to
Page 153 and 154: 244. TREATMENT OF PROPERTY DURING O
Page 155 and 156: territory the civilian loses his st
Page 157 and 158: CHAPTER 7METHODS AND MEANS OF WARFA
Page 159 and 160: 5. The U.S. specifically objects to
Page 161 and 162: Army Pamphlet 27-161-2, 12 (1962) [
Page 163 and 164: above, GP I, Article 51(5) describe
Page 165 and 166: . Geneva Convention Definition. (GP
Page 167 and 168: on a hostile mission. Parachutists,
Page 169 and 170: natural environment against long-te
Page 171 and 172: (2) Enemy has duty to indicate pres
Page 173 and 174: 2. Weapons may be illegal:a. Per se
Page 175 and 176: 2. Booby Traps. Definition: A devic
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6. U.S. Developments. On 17 Septemb
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(1) Article I. Parties agree to nev
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(2) The Senate’s resolution of ad
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2. Land Warfare. Creation of fictit
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2. Feigning and Misuse. Distinguish
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proceeded to capture French Peaceke
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A. PrinciplesB. TargetsC. WeaponsD.
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CHAPTER 8WAR CRIMES AND COMMAND RES
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in many codes of chivalry, rape was
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3. Panama. In a much-publicized cas
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e. Since its inception, 94 individu
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(15) Vladimir Santic, 14 January 20
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consents. This dual system of conse
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3. Crimes Against Humanity. A colle
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national, ethnic, racial, or religi
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was purely internal. The court conc
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1. Genocide. “For the purpose of
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D. Army Policy. “The commander is
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A. International v. Domestic Crimes
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C. The Choice of Forum(c) Violation
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(i)Cf. Yamashita, 327 U.S. 22 (cons
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inevitable. No Court will punish a
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j. International Criminal Court. Th
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2. As discussed below, Congress has
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6. Using authority derived from sta
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CHAPTER 9THE LAW OF WAR AND MILITAR
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conflict, but place soldiers in sit
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(3) This situation results in a vac
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C. JA’s must ensure that Rules of
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7. If captured, these personnel are
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(3) Relationship between Humanitari
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(1) The Universal Declaration of Hu
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(1) Attempt to identify those count
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(1) Extraterritoriality. Although t
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(2) The significance of applying su
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collection, burial, and accountabil
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2. Detainment is Typically Authoriz
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(6) Categorization and Segregation.
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L. Detainees retain all the civil r
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occupied territory. Accordingly, if
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APPENDIX CCPL AND DISPLACED PERSONS
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. Application conditioned upon posi
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safety of the requester against imm
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CHAPTER 10LAW OF WAR: METHODS OF IN
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E. Reducing The Credibility Gap. Th
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Thereafter, judge advocates should
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where soldiers are walked through t
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B. Be Enthusiastic - Be an Obvious
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. Violations of the Law of War Freq
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3. “If we are on a sensitive miss
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periodic review and evaluation, par
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action) designed to discourage this
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eviewing ROE, to ensure that miscon
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from a Dum Dum would be the same or
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APPENDIX BEXTRACT FROM AR 3504-41,
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