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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.


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