dcsimg
This website is not affiliated with the U.S. government or military.

181-105-2001 (SL2) - Enforce the Law of War and the Geneva and Hague Conventions

Standards: Identified, understood, and complied with the Law of War. Identified problems or situations that violated the policies and took appropriate action, including notifying appropriate authorities, so expedient action could be taken to correct the problem or situation.

Conditions: You are a soldier in the U.S. Army. As a soldier, you are responsible for identifying, understanding, and complying with the provisions of the Law of War, including the Geneva and Hague conventions. You are also responsible for identifying and notifying the appropriate authorities of any suspected or known violations of the Law of War. The appropriate authorities, including your chain of command, must enforce the provisions of the Law of War, including the Geneva and Hague conventions.

Standards: Identified, understood, and complied with the Law of War. Identified problems or situations that violated the policies and took appropriate action, including notifying appropriate authorities, so expedient action could be taken to correct the problem or situation.

Performance Steps

1.   Identify the key violations of the Law of War.

a. Define what is a Law of War violation.

b. Identify the two general types of war crimes.

c. Define what constitutes a grave breach and give examples.

d. Describe what obligations exist if there is a grave breach.

e. Define what constitutes an other than grave breach or a simple breach and give examples.

f.  Describe what obligations exist if there is a simple breach.

2.   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-martialed for violating these rules.

c. Describe how U.S. soldiers may also be prosecuted for committing a war crime.

3.   Describe the responsibilities of the commander in regard to violations of the Law of War.

a. 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.

b. Describe the circumstances under which a commander may be prosecuted for the commission of a war crime.

4.   Describe a criminal order and a soldier's responsibility toward a criminal order.

a. Describe the applicability of a soldier asserting the defense of "obeying a superior order" for the commission of a war crime.

b. 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.

c. 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.

d. Describe the responsibility of a soldier to obey the rules of engagement and the potential consequences for violating the rules of engagement.

e. Describe the responsibility of the soldier to ask a superior for clarification of an order presumed to be criminal or illegal.

5.   Identify the key requirements in processing violations of the Law of War.

a. Describe what actions are required when a Law of War violation is suspected.

b. Describe what your combatant commander-in-chief's (CINC) guidance is.

c. Describe the requirement to report suspected violations of the Law of War.

d. Describe the obligations of the investigative team.

(1)  Describe who appoints the investigating officer(s).

(2)  Describe the qualifications of the investigating officer(s).

(3)  Describe the importance of timely collection of information/evidence.

(4)  Describe the Initial Report format.

Evaluation Preparation:

Setup: Evaluate this task at the end of Law of War training.

Brief Soldier: Tell the soldier that he will be evaluated on his ability to identify, understand, and comply with the Law of War, including the Geneva and Hague conventions. Tell the soldier that he will also be evaluated on his ability to identify problems or situations that violate the Law of War and take appropriate action, including notifying appropriate authorities of actual or suspected violations, so expedient action may be taken to correct the problem or situation.

Performance Measures

GO

NO GO

1.   Identified the key violations of the Law of War.

--

--

a. Defined a Law of War violation.

 

 

b. Identified the two general types of war crimes.

 

 

c. Defined what constitutes a grave breach and gave examples.

 

 

d. Described what obligations exist if there is a grave breach.

 

 

e. Defined what constitutes an other than grave breach or a simple breach, and gave examples.

 

 

f.  Described what obligations exist if there is a simple breach.

 

 

2.   Described the responsibilities of U.S. soldiers to obey the Law of War.

--

--

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.

 

 

b. Described how U.S. soldiers may be court-martialed for violating these rules.

 

 

c. Described how U.S. soldiers may also be prosecuted for committing a war crime.

 

 

3.   Described the responsibilities of the commander in regard to violations of the Law of War.

--

--

a. 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.

 

 

b. Described the circumstances under which a commander may be prosecuted for the commission of a war crime.

 

 

4.   Described a criminal order and a soldier's responsibility toward a criminal order.

--

--

a. Described the applicability of a soldier asserting the defense of "obeying a superior order" for the commission of a war crime.

 

 

b. 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.

 

 

c. 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.

 

 

d. Described the responsibility of a soldier to obey the rules of engagement and the potential consequences for violating the rules of engagement.

 

 

e. Described the responsibility of the soldier to ask a superior for clarification of an order presumed to be criminal or illegal.

 

 

5.   Identified the key requirements in processing violations of the Law of War.

--

--

a. Described what actions are required when a Law of War violation is suspected.

 

 

b. Described what your combatant commander-in-chief's (CINC) guidance is.

 

 

c. Described the requirement to report suspected violations of the Law of War.

 

 

d. Described the obligations of the investigative team.

 

 

(1)  Described who appoints the investigating officer(s).

 

 

(2)  Described the qualifications for the investigating officer(s).

 

 

(3)  Described the importance of timely collection of information/evidence.

 

 

(4)  Described the initial report format.

 

 

Evaluation Guidance: Score the soldier GO if all performance measures are passed. Score the soldier NO GO if any performance measure is failed. If the soldier scores NO GO, show him what was done wrong and how to do it correctly.