Jordan’s Queen Rania appeared on CNN and had the following comments (see the text of her comments and/or the video, posted below; with these specific comments starting at about the 5:00 minute mark of the video):
“These evacuation orders, I do not believe are for the benefit of the Gaza civiliians. They are not the target audience; the rest of the world is. It is Israel’s attempt to try to legitimize their actions.”
“And when it comes to human shields, I think we need to defer to international law. Of course, the use of human shields is criminal. But even if one side uses … puts a civilian in harms way, that civilian is still entitled to full protection under international humanitarian law. That is the global standard and no nation is exempt. So before firing any bullet, before dropping any bomb, it is the responsibility of the nation to weigh the risk to civilian life, and if that risk is disproportionate to the military target then it is deemed unlawful. And frankly, I find it really outrageous when Israeli officials audaciously dismiss Palestinian casualties as human shields. In a place like Jabalia, which is one of the most crowded corners of Gaza; Gaza being one of the most densely populated spots on Earth … civilian death is not is not incidental, it is not accidental. It is a foregone conclusion, and that makes it a war crime.
Comments by Queen Rania of Jordan during interview with CNN’s Becky Anderson; posted to Twitter / “X” on November 5, 2023; see @BeckyCNN (these specific remarks start at about the 5:00 minute mark of the video).
This is a summary of (some) the substance found in two other articles, one of which I have posted/shared previously. You can find both of these articles, in their entirety, posted here:
The article by Ken Watkin dives into a lot of interesting topics (including whether this conflict could be classified as an IAC; depending on the degree of support, if any, Iran is providing to Hamas); but my point here in this post is to examine the question of whether the current conflict between Israel and Hamas is a NIAC or IAC. I am doing so by summarizing what is in the two articles posted above.
I highly recommend the following article on the Israel / Hamas situation. I will post more about it (along with my thoughts) when I have more time. For now, I just wanted to share a link to the article for anyone who might be interested.
Its always nice when someone cites to things posted on this blog. This article was posted yesterday at NavyTimes.com and did just that. I have always enjoyed NavyTimes.com, and if you are interested in the LOAC/IHL and the US Military, you should check out this particular article.
I found the following video on YouTube.com this past weekend. It appears to be a legitimate WWII-era U.S. Army training video.
While the objective of every army has been to train its soldiers to kill the enemy in times of war, the training of soldiers has traditionally walked a fine line between (1) teaching soldiers to “kill or be killed,” and that killing is “acceptable” because the enemy is less human than you are, versus (2) the enemy are human beings and therefore you must treat them with a certain amount of respect, dignity, and humanity.
Overtraining your soldiers on point number one (above) can lead to the mistaken belief that anything is acceptable in battle because the enemy is not human. This mentality can lead to some devastating consequences such as crimes on the battlefield.
I am not saying that the following video reaches this point of “overtraining,” as it is my understanding that such a point is only reached after long periods of systemic improper training without ever countering with point number two (above). Therefore this video alone does not rise to this level of improper training.
However, I did find it interesting that at (or just after) the 5:45 minute mark of the video it clearly states that “…your deaf to the rules, because in war, there are no rules!”
Further, while on the topic of training, “Command responsibility” (also known as the Yamashita standard or Medina standard) is the legal doctrine of hierarchical accountability for war crimes. The is often used to refer to the broad duty to for a military commander to supervise his subordinates, and the liability for his failure to do so. In other words, if you train your subordinates (soldiers) to disregard the laws of war, then as their commander, you may be held liable for any acts and/or crimes they commit during battle.
The “Yamashita standard” is based upon precedent set by the United States Supreme Court during the prosecution of Japanese General Tomoyuki Yamashita in 1945. Yamashita was charged with “unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.” [FN1 & 2]. The “Medina standard” is based upon the 1971 prosecution of U.S. Army Captain Ernest Medina in connection with the My Lai Massacre during the Vietnam War. In its decision, the Court held that a commanding officer, being aware of a human rights violation or a war crime, will be held criminally liable when he does not take action. [FN3 & 4]
While I do not believe the above training video (although officially produced by the U.S. Army) would be enough to hold a commander liable for any crimes that may be committed by troops under his command; one can certainly see how this video, combined with an understanding of the doctrine of Command Responsibility, might cause a JAG Officer or military commander to ‘cringe’ when they hear their soldiers being instructed that there are no rules in war.
[FN3] Captain Medina was acquitted of all charges. You can also read more about Command Responsibility and Captain Medina in: Military Law Review, Volume 97, Summer 1982, Pamphlet No. 27-100-97, USPS 482-130, “Command Criminal Responsibility: A Plea for a Workable Standard,” by Colonel William G. Eckhardt, Page 1.
[FN4] Interesting side note: one of Captain Medina’s defense attorney’s was F. Lee Bailey (who, while already a famous trial attorney, came to fame again in the 1990’s when he was one of O.J. Simpson’s defense attorneys).
[The following notes not referenced in the above text]:
A great discussion involving Geoff Corn (moderator), Ken Watkin, Mike Meier, and Rich Goss regarding the Law of Armed Conflict and its applicability in modern conflicts. This panel discussion was hosted by the University of Virginia Law School’s Center for National Security Law.
While the entire video is almost an hour and a half long, it is well worth your time.
Video Recorded and Published by the University of Virginia School of Law on March 10, 2017 (with the following caption):
A panel of national security law experts discusses the challenges of translating traditional rules of war to the unconventional conflicts taking place in the Middle East. The panel consists of Brig. Gen. (Ret.) Ken Watkin (former Judge Advocate General, Canadian Armed Forces); Brig. Gen. (Ret.) Rich Gross (former legal counsel, Chairman of the Joint Chiefs of Staff) and Michael Meier (office of the Judge Advocate General, Department of the Army). Geoff Corn, South Texas College of Law, moderates. This panel was part of the UVA Law conference “Region in Turmoil: Conflicts in the Middle East.” (University School of Law, March 2, 2017)
This is currently a rough draft and needs to be edited. However, due to current events, I am posting the rough draft for any and all to read.
The U.S. fired 59 Tomahawk cruise missiles at Syria in response to what it believes was a chemical weapons attack that killed more than 100 people. For more on the attack itself, you can read about it here at CNN.com and CNBC.com.
In honor of the 100th anniversary of the Army National Guard’s 36th Infantry Division (Texas), I am working on a short post that contains pieces from this units history.
OPERATION AVALANCHE
Trivia Question: What was the first U.S. Army unit to land on mainland Europe during World War II?
I have started a Facebook.com Group titled “LOAC Lawyers” for those interested in IHL and/or the LOAC. If you want to participate in group discussions, please join the group which can be found by following this link:
On this day in 1968 (March 16), Warrant Officer Hugh Thompson turned his helicopter’s guns on fellow U.S. troops in order to stop the My Lai Massacre.
I truly believe that one cannot fully understand or implement the LOAC without also having a firm grasp on history. For this reason, I recommend using (at the very least) the following links to familiarize yourself with what has been labeled the “My Lai Massacre.”
by Travis Normand
