Law of War Workshop Deskbook - Higgins Counterterrorism ...

proceeded to capture French Peacekeepers without firing a shot. JoelBrand, French Units Attack Serbs in Sarajevo, Wash. Post, May 28, 1995,at A1.b. As in the case of the misuse of the flag of truce, misuse of a UN emblemwhich does not result in a killing, capture, or surrender, is nonetheless, aviolation of Art 38, GP I. Note, however, that this prohibition onlyapplies if the UN force is not an actual combatant force, a condition thathas only arisen on one occasion: the Korean War. Michael Bothe, et. al.,NEW RULES FOR VICTIMS OF ARMED CONFLICTS 206 (1982).8. Misuse of Red Cross, Red crescent, cultural property symbol.a. Designed to reinforce/reaffirm HR, Article 23f.b. GWS requires that wounded & sick, hospitals, medical vehicles, and insome cases, medical aircraft be respected and protected. Protection lost ifcommitting acts harmful to enemy. As an example, during the GrenadaInvasion, U.S. aircraft took fire from the Richmond Hills Hospital, andconsequently engaged it. (DA Pam 27-161-2, p. 53, n. 61.)c. Cultural property symbols include 1954 Hague Cultural PropertyConvention, Roerich Pact, 1907 Hague Conventions symbol. (Bothe,supra, at 209.)9. Misuse of internationally recognized distress signals, e.g., ICAO, IMCOdistress signals.E. Assassination. Hiring assassins, putting a price on the enemy’s head, andoffering rewards for an enemy “dead or alive” is prohibited. (FM 27-10, para 31;E.O. 12333.) Targeting military leadership, however, is not assassination. SeeW. Hays Parks, Memorandum of Law: Executive Order 12333 andAssassination, Army Law. Dec. 1989, at 4.F. Espionage. (FM 27-10, para. 75; GP I, art. 46.) Acting clandestinely (or onfalse pretenses) to obtain information for transmission back to their side.Gathering intelligence while in uniform is not espionage.1. Espionage is not a law of war violation.2. No protection, however, under Geneva Conventions for acts of espionage.3. Tried under the laws of the capturing nation. E.g., Art. 106, UCMJ.179Chapter 7Methods and Means of Warfare