...USN/USMC Commander’s Quick Reference Handbook for Legal Issues 2008 i Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 2008 4. TITLE AND SUBTITLE 00-00-2008 to 00-00-2008 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER USN/USMC Commander’s Quick Reference Handbook for Legal Issues 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Justice School ,Newport ,RI 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER 10. SPONSOR/MONITOR’S ACRONYM(S)...
Words: 39456 - Pages: 158
...THE “CEASEFIRE” OF 18 JUNE 2008 BETWEEN ISRAEL AND THE GAZA AUTHORITIES AND THE START OF ISRAEL’S MILITARY OPERATIONS IN GAZA ON 27 DECEMBER 2008 IV. APPLICABLE LAW PART TWO OCCUPIED PALESTINIAN TERRITORY: THE GAZA STRIP Section A V. VI. THE BLOCKADE: INTRODUCTION AND OVERVIEW OVERVIEW OF MILITARY OPERATIONS CONDUCTED BY ISRAEL IN GAZA BETWEEN 27 DECEMBER 2008 AND 18 JANUARY 2009 AND DATA ON CASUALTIES ATTACKS ON GOVERNMENT BUILDINGS AND POLICE VIII. OBLIGATION ON PALESTINIAN ARMED GROUPS IN GAZA TO TAKE FEASIBLE PRECAUTIONS TO PROTECT THE CIVILIAN POPULATION VII. A/HRC/12/48 page 3 IX. OBLIGATION ON ISRAEL TO TAKE FEASIBLE PRECAUTIONS TO PROTECT CIVILIAN POPULATION AND CIVILIAN OBECTS IN GAZA X. INDISCRIMINATE ATTACKS BY ISRAELI ARMED FORCES RESULTING IN THE LOSS OF LIFE AND INJURY TO CIVILIANS XI. DELIBERATE ATTACKS AGAINST THE CIVILIAN POPULATION XII. THE USE OF CERTAIN WEAPONS XIII. ATTACKS ON THE FOUNDATIONS OF CIVILIAN LIFE IN GAZA: DESTRUCTION OF INDUSTRIAL INFRASTRUCTURE, FOOD PRODUCTION, WATER INSTALLATIONS, SEWAGE TREATMENT PLANTS AND HOUSING XIV. THE USE OF PALESTINIAN CIVILIANS AS HUMAN SHIELDS XV. DEPRIVATION OF LIBERTY: GAZANS DETAINED DURING THE ISRAELI MILITARY OPERATIONS OF 27 DECEMBER 2008 TO 18 JANUARY 2009XVI. OBJECTIVES AND STRATEGY OF ISRAEL’S MILITARY OPERATIONS IN GAZA XVI. OBJECTIVES AND STRATEGY OF ISRAEL’S MILITARY OPERATIONS IN GAZA XVII. THE IMPACT OF THE BLOCKADE AND OF THE MILITARY...
Words: 227626 - Pages: 911
...Army Regulation 190–8 OPNAVINST 3461.6 AFJI 31-304 MCO 3461.1 Military Police Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees Headquarters Departments of the Army, the Navy, the Air Force, and the Marine Corps Washington, DC 1 October 1997 UNCLASSIFIED SUMMARY of CHANGE AR 190–8/OPNAVINST 3461.6/AFJI 31–304/MCO 3461.1 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees This revision-o o o Establishes a multi-service regulation for all services (para 1-4a). Ensures compliance with DOD Directive 2310.1 dated August 1994 (para 1-4g). Establishes HQDA, Deputy Chief of Staff for Operations as the primary Army Staff responsibility for the Enemy Prisoner of War, Civilian Internee and Retained Persons Program (para 1-4c). Establishes a DD FORM 2745, Enemy Prisoner of War(EPW) Capture Tag (para 21b). Highlights Combatant Commanders, Task Force Commanders and Joint Task Force Commanders responsibilities (para 1-4g). Establishes procedures for conducting tribunals (para 1-6). Establishes Public Affairs policy (para 1-9). Establishes policy for EPW held aboard ship (para 2-1b). Updates OCONUS evacuation policy (para 2-3). Establishes the use of Health and Comfort Packs as a temporary substitution for Advance of Pay for short term operations (para 3-4h). Updates procedures for contracting EPW (para 4-22). Combines AR 190-8 and AR 190-57 (para 6-1). o o o o o o o o o Headquarters Departments of...
Words: 40335 - Pages: 162
...Military Ethics Marvin J. Harris United States Army Sergeants Major Academy Department of Military History Class 64 SGM Rivera November 26, 2013 Abstract Since 1775, the birth of the United States Army, many men and women have served in the United States military. These individuals have given their lives in defense of democracy, both at home and abroad. The oath of enlistment these individuals took to “support and defend the Constitution of the United States,” is a major obligation. Whether it was through the draft or a voluntary commitment, these individuals are willing to give their lives in defense of their country. Along with their commitment to defense, these soldiers also committed themselves to be ethical professionals as well. The burden of being a member of the United States military is different than any other profession. Military members must maintain a high standard of ethics both on and off duty. Leaders in the United States military always enforce a high standard of both professionalism and ethics. Failure to maintain ethical standards and a high sense of professionalism may lead to a lack of trust within the command and the service. It may also lead to a lack of faith in the military by the general public. Ethics is the foundation that the United States military is built upon. Military Ethics Before a paper can be written on Military Ethics, one must define the following words: ethics, values and morals. Ethics are standards by which...
Words: 2711 - Pages: 11
...governed by the place of employment and the authority at that employer. For example the ethics for my employer at the Department of the Navy may differ from that of a person employed by a Christian non-profit organization but as I previously said the one acts at their place of employment is up to that individual person and they must be accountable for how they personally act. The majority of my adult life has been associated with the military in some form or fashion. I was an active duty US Navy sailor for four years and served in the Iraq and Afghanistan theatre during my enlistment. After my enlistment I have worked for a non-profit veteran’s organization (Operation Stand Down, Nashville) and again being employed with the Department of the Navy, so my ethical belief have been shaped in the last ten years majorly on what the military believed and just because the military stressed a certain way, does not mean it is ethically right. With that being said I did not forget what my parents taught me in my childhood because I can still remember my father saying to me after I had done something along the lines of punching my sister or brother or might have stolen something from one of my siblings “do unto to others as you would have done unto you.” I personally have tried to live my life by this quote and it along with other lessons my parents taught me have shaped my ethical and moral conscious. The problem being that in the military sometimes ethics run fine line between right...
Words: 2549 - Pages: 11
...Military Ethics Marvin J. Harris United States Army Sergeants Major Academy Department of Military History Class 64 SGM Rivera November 26, 2013 Abstract Since 1775, the birth of the United States Army, many men and women have served in the United States military. These individuals have given their lives in defense of democracy, both at home and abroad. The oath of enlistment these individuals took to “support and defend the Constitution of the United States,” is a major obligation. Whether it was through the draft or a voluntary commitment, these individuals are willing to give their lives in defense of their country. Along with their commitment to defense, these soldiers also committed themselves to be ethical professionals as well. The burden of being a member of the United States military is different than any other profession. Military members must maintain a high standard of ethics both on and off duty. Leaders in the United States military always enforce a high standard of both professionalism and ethics. Failure to maintain ethical standards and a high sense of professionalism may lead to a lack of trust within the command and the service. It may also lead to a lack of faith in the military by the general public. Ethics is the foundation that the United States military is built upon. Military Ethics Before a paper can be written on Military Ethics, one must define the following words: ethics, values and morals. Ethics are standards by which...
Words: 2711 - Pages: 11
...the prisoner’s rights were infringed upon. If the prisoner’s rights were violated, the judge could ultimately set him free (Starrs, 2007). However, in the case of war time prisoners, if those individuals are not United States citizens, they are may not be given the same civil liberties as an American would be. In the current war on terror, it has been debated whether or not the prisoners who are being detained should be given the same rights to Habeas Corpus as anyone else would. Should these individuals be held for an indefinite amount of time, are they entitled to the same “due process of law” as it states in the 5th amendment of the U.S. Constitution, or will their right of Habeas Corpus be suspended because of the events leading up their arrest? In order to answer these questions, we must first look as some of the specifics of the habeas corpus, such as its history and how it came to be in the U.S. Constitution, the relevance of habeas corpus, and how it effects the war on terror. Everyone deserves the right to be heard in a court of law, peace time or war time, civilian or prisoner of war, and sometimes a writ of habeas corpus is...
Words: 2255 - Pages: 10
...Conventions The law in this area is covered by the four Geneva Conventions, signed in 1949 after the atrocities of WW2 and two additional protocols signed in 1977. 1. Geneva Convention on the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GC I) 2. Geneva Convention on the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GC II) 3. Geneva Convention on the Treatment of Prisoners of War (GC III) 4. Geneva Convention on the Protection of Civilian Persons in Time of War (GC IV) Protocols of 1977 – in response to the conflict in Vietnam 1. Protection of Victims of International Armed Conflicts (Additional Protocol I) 2. Protection of Victims of Non-International Armed Conflicts (Additional Protocol II) 2. International Armed Conflict – application of the GC’s • International Committee of the Red Cross (ICRC) states that an armed conflict within the meaning of the Geneva Conventions is any difference of opinion between two states that leads to intervention or action by the members of their armed forces • Common Article 2 of GC (ie in all of them) states that it will apply: o To all cases of war, and armed conflict between two or more parties to the treaty (even if “the state of war” is not recognised by one of them) o To all cases of partial or total occupation of the territory of a state party (even if no armed resistance to the occupation) ...
Words: 5052 - Pages: 21
...Army Regulation 600–20 Personnel–General Army Command Policy Headquarters Department of the Army Washington, DC 6 November 2014 UNCLASSIFIED SUMMARY of CHANGE AR 600–20 Army Command Policy This administrative revision, dated 6 November 2014-o Updates Equal Opportunity Policy (paras 6-2c(8)(c) and 6-2c(8)(f)). This administrative revision, dated 30 October 2014o Updates summary of change bullet (para 2-8b). o Makes administrative changes (throughout). This rapid action revision, dated 22 October 2014-o Updates purpose (para 1-1). o Updates responsibilities for the ready and resilient campaign (paras 1-4a-d). o Directs readers to the Army Publishing Directorate’s “notes” page on AR 60020 for additional guidance on the Army Sexual Harassment/Assault Response and Prevention Program (para 1-4e(6)). o Clarifies the groups of personnel who must be informed of the Army’s accommodation of religious practices policies (para 1-4f). o Adds the categories “senior field grade officers,” “senior field grade warrant officers,” ”field grade warrant officers,” “company grade warrant officers,” “enlisted noncommissioned officers,” and “junior enlisted Soldiers” (table 1-1). o Adds policy that the senior commander is normally, but not always, the senior general officer at an installation (para 2-5b(4)(a)). o Adds policy for command responsibility for the Total Army Sponsorship Program (paras 2-5b(4)(a)16 and 2-5b(4)(c)8)...
Words: 87879 - Pages: 352
...DEPARTMENT OF THE ARMY FIELD MANUAL FM 27-10 THE LAW OF LAND WARFARE This copy is a reprint which includes current pages from Change 1. DEPARTMENT OF THE ARMY - JULY 1956 *FM 27-10 FIELD MANUAL No. 27-10 DEPARTMENT OF THE ARMY WASHINGTON 25, D. C., 18 July 1956 THE LAW OF LAND WARFARE DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. P This manual supersedes FM 27-10, 1 October 1940, including C 1, 15 November 1944. 1 2 FM 27-10 C1 CHANGE No. 1 HEADQUARTERS DEPARTMENT OF THE ARMY WASHINGTON, D. C., 15 July 1976 THE LAW OF LAND WARFARE FM 27-10, 18 July 1956, is changed as follows: Page 5. Paragraph 5 a (13) is added: (13) Geneva protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or Other Gases, and of Bacteriological Methods of Warfare of 17 June 1925 (T. I.A .S. —), cited herein as Geneva Protocol of 1925. Page 18. Paragraph 37 b is superseded as follows: b. Discussion of Rule. The foregoing rule prohibits the use in war of poison or poisoned weapons against human beings. Restrictions on the use of herbicides as well as treaty provisions concerning chemical and bacteriological warfare are discussed in paragraph 38. Page 18. Paragraph 38 is superseded as follows: 38. Chemical and Bacteriological Warfare a. Treat Provision. Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion...
Words: 75616 - Pages: 303
...expert, of the German Red Cross. With his kind permission, the ICRC has translated it and adapted it to the general plan of one of its recent publications, Basic Rules of the Geneva Conventions and their Additional Protocols. The analysis of case studies is (if I may be allowed the metaphor) a sort of obstacle race over IHL territory. It is the rider who, on completing his circuit faultlessly, realizes the majesty and beauty of horsemanship. And it is by overcoming all the difficulties of these cases that the importance of IHL, and its applicability to present conditions, will be realized and IHL better understood. The cases are admittedly difficult, but they can be an excellent means of individual training. They are especially intended for members of National Societies who are keen to improve their own knowledge and to be able later on to train qualified personnel, as provided for in Article 6 of Additional Protocol I. This booklet answers a long-felt need for examples of case studies that can be quoted by lecturers and used as a basis for consideration and...
Words: 39559 - Pages: 159
...international norms that help to protect all people everywhere from severe political, legal and social abuses. The right to freedom of religion, the right to a fair trial when charged with crime, the right not to be tortured, and the right to engage in political activity are the fundamental human rights. The rights exist in morality and in law at the national and international levels. The main sources of the contemporary conception of human rights are the Universal declaration of Human rights, the treaties that followed in international organizations such as the United Nations, the Council of Europe, the Organization of American States, and the African Union. The Universal Declaration of Human Rights sets out number of human rights that countries should respect and protect, which are normally divided into six. They are Security rights that protect people against abuses of the legal system such as imprisonment without trial, secret trials and excessive punishments, liberty, rights that protect the liberty to participate in politics through actions such as communicating, assembling, protesting, voting and serving in public office, equality rights that guarantee equal citizenship, equality before the law and non discrimination and social rights that require provision of education to all children and protections against severe poverty and starvation. Murder, extermination, torture, rape,...
Words: 3803 - Pages: 16
...Palestine In 1948, the State of Israel was established on Palestinian land, despite widespread protests by Palestinians and the Arab world. Clashes between Palestinians and Israelis have since been numerous and bloody, and it is still far away from a peaceful, lasting solution to the conflict. Last updated 04/03/2013 Recent UN links Presentation of the humanitarian situation in the area of the UN humanitarian agency OCHA Map of humanitarian conditions of the UN humanitarian agency OCHA UN special agency for Palestine refugees, UNRWA UN News summary page for news on the Middle East Early history Both Palestinians and Israelis are people originating in the Middle East. The central question of the Middle East conflict today is who has the most right to the area. The Jews were driven around the year 70 AD, and was then spread throughout Europe and the Middle East. For many years they were denied access to the area, while in their new country were often subjected to persecution and abuse. As a result of including the Inquisition in southern Europe, many Jews chose the 1500 - and 1600's to settle in Palestine again. It is estimated that the total population of Palestine was then at 200 000, while the Jewish population accounted for approximately 15 000 The organized Jewish immigration to Palestine began in 1882. This happened as a result of the rise of Zionism in Europe. Zionism was a political movement working for a Jewish state in the Middle East. Zionist movement got...
Words: 2626 - Pages: 11
...connections, should determine who could best serve in government. Theodore Roosevelt quickly appointed Bonaparte to be attorney general. In 1909, the Special Agents named FBI to Bureau of Investigation and then changed the name to Federal Bureau of Investigation in 1935. When the FBI was established, there weren't an abundance of federal crimes, so they investigated violations of ranging from white slavery to antitrust crimes as well as neutrality violations. In June of 1910, the FBI grew larger because of the "Mann Act" (Made it a crime to transport women to other states for immoral reasons). The FBI could now prosecute people who tried to flee over states lines. Because of its continued worth and effectiveness, the FBI's number grew to over 300 special agents and 300 support employees over the next few years. It provided a tool by which the federal government could investigate criminals who evaded state laws but had no other federal violations. During World War I, the FBI was given the responsibility of investigating espionage, sabotage, sedition, and draft violations. In 1920, the gangster era began. This brought a new type of crime into play that had not been seen before. Criminals were kidnapping and robbing banks, both of which were not federal crimes at that time but in 1932, it eventually lead up changes with the passage of a federal kidnapping statute. In 1934, many other federal criminal statutes were passed, and the Congress gave Special Agents the authority to make...
Words: 1943 - Pages: 8
...Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a mound, or an impotent man, or a man who folds his hands in supplication, or whose hair is unbound, or anyone who is seated or who...
Words: 3960 - Pages: 16
