Quotulatiousness

October 16, 2015

The rules of war, US edition

Filed under: Law, Media, Military, USA — Tags: , , , — Nicholas @ 03:00

Tom Kratman read through the latest edition of the US government’s Law of War Manual, so you (probably) won’t have to:

I thought I was free of one thousand plus page books of the driest prose imaginable when I finished law school. Sadly, no such luck; the Department of Defense released, back in mid-June, its Law of War Manual, which is eleven hundred and seventy-six pages of painfully sere verbiage. Go ahead and divide the number of pages by the number of days since about 15 June, 2015. Yeah, that dry.

But, dry or not, it’s not that bad. Nothing that induces the legal LibLePRs (Liberals, Leftists, Progressives, and Reds) of ICOTESCAS (the International Community Of The Ever So Caring And Sensitive) to denounce it as something that “reads like it was written by Hitler’s Ministry of War,” could be all that bad.

[…]

The left’s grasp of law of war is tenuous at best, often mistaken and frequently fraudulent. For example, one of their usual charges, also much heard during the campaign in Iraq and especially at Fallujah, was that incendiary weapons are banned, per the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). The fraud there is that incendiary weapons are not banned there or anywhere. Their use under some circumstances is restricted or banned, but the weapons themselves, and their use for other purposes or other circumstances is perfectly legal.

That’s just one example of the fraud the left has perpetrated with regard to the manual. There are numerous others, too numerous to list here. I will limit my comment, therefore, to the observation that attacking a legitimate military target in proximity to a civilian or civilians is not quite the same thing as carte blanche to attacks civilians, qua civilians, generally. ICOTESCAS seems to harbor some confusion about this or to pretend to confusion to cover their fraud.

One aspect, in particular, that has the left up in arms about the manual is in its treatment of journalists. I suppose in their ideal world, camera teams from Al Jazeera should be able to do reconnaissance for groups of guerillas and terrorists, scot free. Too, one suspects, in the ideal lefty world, the presence of a journalist, even if he happens to be carrying ammunition for the other side, should protect all combatants around the “journalist,” lest the journalist’s expensive coif be mussed.

Sadly, for that set of values and outlooks, in the real world, once the soldiers realize that some “journalists” are helping the enemy, those journalists are going to be killed as quickly and conveniently as possible, as they should be. Aim true, boys, aim true.

The rules, as outlined in the manual, for journalists are actually pretty reasonable. To paraphrase:

  1. If you are a journalist and among the enemy, your presence will not protect them. Their presence will endanger you and the closer you are to them the more you will be in danger. We will neither aim expressly for you if we know where and who you are, nor avoid targeting places you might be, if we don’t know who and where you are, nor avoid targeting places where you are, if we know or suspect the enemy is there, too. You knew it was a risk when you undertook the profession.
  2. If you take part in hostilities, to include by providing reconnaissance or by spying, you will have lost your immunities as a civilian, but not gained the privilege of a combatant. We can kill you.
  3. If you act as a spy and we catch you, we can try you as a spy, give you a judge and jury who may not much care for you or your profession, then stand you against a wall and shoot you.

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