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Law of War Workshop Deskbook
INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY CHARLOTTESVILLE, VIRGINIA LAW OF WAR WORKSHOP DESKBOOK CDR Brian J. Bill, JAGC, USN Editor Contributing Authors CDR Brian J. Bill, JAGC, USN MAJ Geoffrey S. Corn, JA, USA LT Patrick J. Gibbons, JAGC, USN LtCol Michael C. Jordan, USMC MAJ Michael 0. Lacey, JA, USA MAJ Shannon M. Morningstar, JA, USA MAJ Michael L. Smidt, JA, USA All of the faculty who have served with and before us and contributed to the literature in the field of the Law of War June 2000 7066 ACLU-RDI 1096 p.1 DOD 004280 ii 7067 ACLU-RDI 1096 p.2 DOD 004281 INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT THE JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILLE, VIRGINIA LAW OF WAR WORKSHOP DESKBOOK TABLE OF CONTENTS Major Treaties Governing Land Warfare iv List of Append ices vii History of the Law of War 1 Legal Bases for the Use of Force 13 Legal Framework of the Law of War 25 The 1949 Convention on Wounded and Sick in the Field 49 Prisoners of War and Detainees 69 Protection of Civilians During Armed Conflict 123 Means and Methods of Warfare 149 War Crimes and Command Responsibility 183 The Law of War & Operations Other Than War 219 The Law of War: Methods of Instruction 255 iii 7068 ACLU-RDI 1096 p.3 DOD 004282 iv 7069 ACLU-RDI 1096 p.4 DOD 004283 MAJOR TREATIES GOVERNING LAND WARFARE Abbreviated Name Full Name GWS/lst GC Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949, DA Pam 27-1. -
My Lai Massacre 1 My Lai Massacre
My Lai Massacre 1 My Lai Massacre Coordinates: 15°10′42″N 108°52′10″E [1] My Lai Massacre Thảm sát Mỹ Lai Location Son My village, Son Tinh District of South Vietnam Date March 16, 1968 Target My Lai 4 and My Khe 4 hamlets Attack type Massacre Deaths 347 according to the U.S Army (not including My Khe killings), others estimate more than 400 killed and injuries are unknown, Vietnamese government lists 504 killed in total from both My Lai and My Khe Perpetrators Task force from the United States Army Americal Division 2LT. William Calley (convicted and then released by President Nixon to serve house arrest for two years) The My Lai Massacre (Vietnamese: thảm sát Mỹ Lai [tʰɐ̃ːm ʂɐ̌ːt mǐˀ lɐːj], [mǐˀlɐːj] ( listen); /ˌmiːˈlaɪ/, /ˌmiːˈleɪ/, or /ˌmaɪˈlaɪ/)[2] was the Vietnam War mass murder of between 347 and 504 unarmed civilians in South Vietnam on March 16, 1968, by United States Army soldiers of "Charlie" Company of 1st Battalion, 20th Infantry Regiment, 11th Brigade of the Americal Division. Victims included women, men, children, and infants. Some of the women were gang-raped and their bodies were later found to be mutilated[3] and many women were allegedly raped prior to the killings.[] While 26 U.S. soldiers were initially charged with criminal offenses for their actions at Mỹ Lai, only Second Lieutenant William Calley, a platoon leader in Charlie Company, was convicted. Found guilty of killing 22 villagers, he was originally given a life sentence, but only served three and a half years under house arrest. -
STRIKE HISTORY (Citation’S and Awards)
STRIKE Vietnam War Weekly History August 13th – August 19th, 2017 Issue: 61 st nd nd st Brief History of the 501 , 502 and 2 Brigade (101 ABN DIV) The 502nd, or “five-oh-deuce”, was activated July 1, 1941 at Fort Benning, Georgia as the 502nd parachute infantry battalion, as an experimental unit formed to test the doctrine and tactics of parachute assaults. The 502nd entered combat in World War II on June 6, 1944, by jumping into Normandy, with allied forces landing on D-Day and the Battle of Normandy. Between 1945 and 1964. A major reorganization took place on 3 February 1964, when the 2nd Brigade of the 101st Airborne was activated at Fort Campbell, replacing the 1st Airborne Battle Group, 501st Infantry Regiment. The reorganization from the battle groups to brigades and battalions placed two battalions of the 502nd in different brigades of the 101st. The 2nd Battalion, 502nd Infantry was in the 1st Brigade with 1-327th and 2-327th Infantry. Which deployed to Vietnam and arrived at Cam Ranh Bay, Vietnam on 29 July 1965, they were commanded by the most notable commander LTC Hank “The Gunfighter” Emerson. The new 2nd Brigade’s original organic battalions were the 1st and 2d Battalions, 501st Infantry, and the 1st Battalion, 502nd Infantry. December 1967 the 501st, 502nd and 2nd Brigade deployed by C-141 aircraft and arrived at Bien Hoa Airbase on 13 December 1967. Over the next five years, Soldiers of the “Ready to Go” Brigade participated in twelve campaigns, compiling of a distinguished combat record as well as an enviable reputation for success in the rehabilitation of a war-torn nation. -
An Absence of Accountability for the My Lai Massacre Jeannine Davanzo
Hofstra Law & Policy Symposium Volume 3 Article 18 1-1-1997 An Absence of Accountability for the My Lai Massacre Jeannine Davanzo Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/hlps Part of the Military, War, and Peace Commons Recommended Citation Davanzo, Jeannine (1997) "An Absence of Accountability for the My Lai Massacre," Hofstra Law & Policy Symposium: Vol. 3 , Article 18. Available at: https://scholarlycommons.law.hofstra.edu/hlps/vol3/iss1/18 This Note is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law & Policy Symposium by an authorized editor of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. NOTE AN ABSENCE OF ACCOUNTABILITY FOR THE MY LAI MASSACRE I. INTRODUCTION The legacy of My Lai leaves behind many unanswered ques- tions concerning accountability. For instance: Why in the aftermath of the massacre was there a failure to charge all those soldiers and high-ranking officials responsible for the carnage? Why was there a failure to convict those charged? Why were the sentences of the convicted not sustained? This article will discuss the breaking of the silence surrounding the massacre, the formal investigation led by Lieutenant General William R. Peers, the actual events that have become known as the "My Lai Massacre," the disposition of charges, the convictions, the apparent lack of United States accountability, the United States cover-up, as well as the United States government's disregard for the Nuremberg Principles. II. THE BEGINNING In the fall of 1969, war-weary America received a shock from the distant land of Vietnam.' On November 13, newspapers across the country printed accounts of a gruesome massacre that occurred eighteen months earlier in the Vietnamese hamlet of My Lai by the United States infantry unit known as "Charlie Company." The Charlie Company was a unit of the American Division's 11th Infan- try Brigade. -
1967 Vietnam Combat Operations
VIETNAM COMBAT OPERATIONS – 1967 A chronology of Allied combat operations in Vietnam 1 VIETNAM COMBAT OPERATIONS – 1967 A chronology of Allied combat operations in Vietnam Stéphane Moutin-Luyat – 2011 distribution unlimited Front cover: Members of Company C, 1st Battalion, 8th Infantry, 1st Brigade, 4th Infantry Division, descend the side of Hill 742 located five miles northwest of Dak To, Operation MACARTHUR, November 1967. (Center of Military History) 2 VIETNAM COMBAT OPERATIONS – 1967 A chronology of Allied combat operations in Vietnam This volume is the third in a series of chronologies of Allied Cav: 1-10 Cav (-), Co 1-69 Arm, Plat 1-8 Inf, 3-6 Art (-); Div combat operations conducted during the Vietnam War from Arty: 6-14 Art, 5-16 Art (-); Div Troops: 4th Eng Bn (-). Task 1965 to 1973, interspersed with significant military events and organization (effective 8 March): 1 st Bde, 4 th Inf Div : 1-8 Inf, augmented with a listing of US and FWF units arrival and depar- 3-8 Inf, 2-35 Inf, 6-29 Art (-), C/2-9 Art, A/4th Eng. 2d Bde, 4 th ture for each months. It is based on a chronology prepared for Inf Div: 1-12 Inf, 1-22 Inf, 4-42 Art (-), B/4th Eng; TF 2-8 Inf the Vietnam Combat Operations series of scenarios for The Inf: 2-8 Inf (-), B/6-29 Art, A/4-42 Art; TF 1-69 Arm: 1-69 Arm Operational Art of War III I've been working on for more than (-), Plat 2-8 Inf, B/3-6 Art, A/5-16 Art; TF 1-10 Cav: 1-10 Cav four years, completed with additional information obtained in (-), Co 1-69 Arm, C/3-4 Cav (-), Plat 2-8 Inf, 3-6 Art (-), B/7-13 primary source documents. -
Vietnam War: in the Lake of the Woods & Its Historical Perspective
ISSN 1799-2591 Theory and Practice in Language Studies, Vol. 8, No. 12, pp. 1582-1594, December 2018 DOI: http://dx.doi.org/10.17507/tpls.0812.03 Tim O’Brien’s “Bad” Vietnam War: In the Lake of the Woods & Its Historical Perspective Ramtin Noor-Tehrani (Noor) Mahini Acalanes High School, Lafayette, California, USA Erin Barth Acalanes High School, Lafayette, California, USA Jed Morrow Acalanes High School, Lafayette, California, USA Abstract—Award-winning author Tim O’Brien was sent to Vietnam as a foot soldier in 1969, when American combat troops were gradually withdrawn from the country. A closer look at his Vietnam war stories reveals that he indeed touched upon almost all issues or problems of American soldiers in this “bad” war; yet not many peer-reviewed authors or online literary analysis websites could identify and discuss them all. The purpose of this article is to address the war details in O’Brien’s In the Lake of the Woods and its historical perspective, so that middle and high school readers can understand the meaning behind Tim O'Brien's stories and know the entire big Vietnam War picture. Specifically, this article discusses the following issues that are raised by O’Brien in this novel: the Mỹ Lai Massacre and post-traumatic stress disorder (PTSD) in Vietnam War veterans. In addition, the Mỹ Lai Massacre cover-up, forgotten heroes of Mỹ Lai, and soldiers’ moral courage are also presented. Index Terms—Tim O’Brien, In the Lake of the Woods, Vietnam War, Mỹ Lai Massacre, Mỹ Lai cover-up, Hugh Thompson, Ron Ridenhour, Seymour Hersh, Lawrence Colburn, Glenn Andreotta, peers inquiry I. -
By Richard Hammer Mt Lai: Did American Troops Attack The
BY RICHARD HAMMER STAFF WRITER. THE NEW YORK" TIMES" MT LAI: DID AMERICAN TROOPS ATTACK THE WRONG PLACE? THE FINAL, tragic Irony of the mas- sacre of more than 500 Vietnamese civilians on March 16, 1968, may lie in this question: Did American troops that day destroy the wrong place—not the one that was their prime target but another about three miles away? I em convinced they did. This Lai, My Khe, Co Luy and Tu Cung conclusion becomes inescapable —and 20 sub-hamlets on the South after some days spent at the scene China Sea. of the massacre; after talking with Son My no longer exists. On American soldiers directly involved March 16, 3968, and In succeeding in the action and with other Ameri- days, all of its hamlets were totally cans at staff level; after interview- destroyed, its houses burned and ing at least 50 Vietnamese who bombed, its fields laid waste, some of its people killed and the rest once lived in Son My village; after examining the reports of the action; On March 16. 1968. U.S. troops destroyed 'My Lei scattered to refugee camps. and after studying Vietnamese and Vietnamese called it Xom Lang. They knew Except for the killing, this was VC were there. U.S. Army maps of the area. only one My Lai, three miles east. The the aim of Task Force Barker, a It was Pinkville. Was it the real target that day? What was attacked and de- unit in Operation Muscatine, which stroyed within a few hours that was a campaign to drive the Viet- March morning was not My Lai, cong forces from areas that they can soldiers had operated three the so-called "Pinkville" (from Its had long occupied and to remove times previously without running color on the Army's maps). -
Exposure and Investigation
7 Exposure and Investigation On March 29, 1969, Ronald Ridenhour, a Vietnam War veteran, wrote a letter to American political leaders outlining what he had heard about the events at My Lai and calling for a thorough investigation. The letter trig gered formal inquiries in Congress and in the U.S. army. More than seven months later, on November 13, 1969, Seymour Hersh's investiga tive articles about My Lai appeared in newspapers around the country, as did a piece by Robert M. Smith in the New York Times. Early in Decem ber 1969, Life magazine published Ronald Haeberle's graphic color pho tographs of the massacre. The cover-up of the incident, which had been systematic at all levels of command in the Americal Division, was finally over. The entire world now knew about My Lai. The revelations triggered a storm of controversy throughout the United States. For antiwar activists, exposure of the My Lai massacre and the army's cover-up provided incontrovertible proof that the American military effort in South Vietnam was immoral as well as misguided, that the United States was engaging in an orgy of violence and wreaking havoc on the civilian population. My Lai, they argued, was symptomatic of a cul ture of racism and violence that had become endemic in the United States. Military spokesmen, as well as Nixon administration officials, claimed that My Lai was an isolated event, that although a catastrophe had been visited on one village, the incident was not representative of the entire war. American soldiers, they claimed, treated South Vietnamese civilians with dignity and worked among them to strengthen relations. -
Page 1 of 215 Operations HTML Table 3/21/2011
Operations HTML Table Page 1 of 215 Vietnam Operations Enemy Allied Enemy Descriptive Sources Operation Start End Allied Units Allied Allied Allied Enemy Enemy Objective of CTZ TAO Units Operational Operational Narrative of Used in Name Date Date Involved KIA WIA MIA KIA WIA Operation Involved Strength Strength Operation Archive "The Name of the S. Description of A listing of the A listing of the Total number of Total number of Allied Killed- Allied Allied Enemy Enemy Descriptive narrative of Descriptive narrative A List of all Operation". Vietnam the tactical area American, South North allied soldiers enemy soldiers in-Action Wounded- Missing- Killed-in- Wounded-in- the operation's objectives of the operation from the sources Sometimes a Corps of operation. Vietnamese, or Vietnamese involved involved in-Action in-Action Action Action (e.g. search-and-destroy, beginning to end and used to Vietnamese and Tactical This can include other allied units and Viet Cong reconnaissance in force, its consequences. compile the an American Zone (I, provinces, cities, involved in the units involved etc.) information by name is given. II, III, towns, or operation. Each in the title and IV) landmarks. force is operation. Each author. designated with force is its branch of designated with service (e.g. its branch of USA=US Army, service (e.g. USMC=US PAVN=People's Marine Corps, Army of USAF= US Air Vietnam, Force, USN=US VC=Viet Cong) Navy, ARVN=Army of the Republic of Vietnam, VNN= South Vietnamese Navy) "Vinh Loc" I Thua Thien 9/10/1968 9/20/1968 2d -
Extensio,Ns of Remarks
38590 EXTENSIONS OF REMARKS December 11, 1969 Committee on Film Classification; to the for certain members of the committee on Ed ran Argun; to the Committee on the Judi Oommittee on Rules. ucation and Labor; to the Committee on ciary. By Mr. DEVINE: Rules. By Mr. COLLIER: H. Res. 747. Resolution amending the rules By Mr. RIVERS: H.R. 15219. A bill for the relief of Maj. Mi of the House to prohibit a single appropria H. Res. 750. Resolution to provide for chael M. Mills, U.S. Air Force; to the Com tion bill from carrying appropriations for the further expenses of the investigation and mittee on the Judiciary. more than one executive department; to the study authorized by House Resolution 105; By Mr. CORMAN: Committee on Rules. to the Committee on House Administration. H.R. 15220. A bill for the relief of Mrs. In H. Res. 748. Resolution to amend rule XXI Soon Lee Castronova; to the Committee on of the Rules of the House of Representatives the Judiciary. to require the yeas and nays in the case of PRIVATE BILLS AND RESOLUTIONS By Mr. FISHER: final action by the House of Representatives Under clause 1 of rule XXII, private H.R. 15221. A bill for the relief of Maria on general appropriation bills; to the Com Gagliardi Paladino; to the Committee on the mittee on Rules. bills and resolutions were introduced and Judiciary. By Mr. PERKINS (for himself and Mr. severally referred as follows: By. Mr. McKNEALLY: BRADEMAS): By Mr. CHAMBERLAIN: H.R. 15222. A bill for the relief of Thomas H. -
Chronology of Vietnam War, 1962-1975
Chronology of Vietnam War, 1962-1975 CHRONOLOGY OF KEY MARINE CORPS EVENTS IN VIETNAM WAR, 1962 – 1975 April 9, 1962 - The leading elements of Marine Task Unit 79.3.5, a helicopter task unit codenamed Shufly commanded by Col John F. Carey arrived at Soc Trang, Republic of Vietnam. Significance: This was the first Marine squadron-sized unit together with a small security force to deploy to Vietnam as a result of the establishment of the U.S. Military Assistance Command on February 8, 1962. They were to provide helicopter support to the Army of the Republic of Vietnam (ARVN) in its campaign against Communist Vietnamese forces called Viet Cong (VC). March 8, 1965 - The 9th Marine Expeditionary Brigade (MEB) commanded by BGen Frederick J. Karch landed at Da Nang, Vietnam, consisting of two Marine battalions, one arriving by air and over the beach. The following day, the MEB assumed control of the Marine Task Unit 79.3.5 at Da Nang which became Marine Aircraft Group (MAG) 16. Significance: This was the first deployment of U.S. battalion-sized U.S. combat units to Vietnam. Although the mission of the 9th MEB was limited solely to the defense of the airbase at Da Nang, it was, nevertheless, indicative that the U.S. advisory phase in the Vietnam War was to be transformed into more direct U.S. participation. May-June 1965 - On May 6, the 9th MEB was transformed into the III Marine Expeditionary Brigade which the next day became the III Marine Amphibious Force (III MAF). III MAF consisted of the forward elements of the 3rd Marine Division and the 1st Marine Aircraft Wing. -
Behind the Modern Man Mind Control Part 2 by Michael Visockis World War II Was Nearing the End
Veritas News Service Exclusive 28Jun11 Behind the Modern Man Mind Control Part 2 By Michael Visockis World War II was nearing the end. At the same time the American government and the Office of Strategic Services (OSS), with the cooperation of the US military leadership, granted asylum for Nazi SS doctors that performed psychological, surgical, and chemical experiments on the prison camp inmates. These people were never tried for any crimes in Nuremberg because they were grafted in to the newly formed CIA. It is the ideas of these very Nazi doctors that were applied in Vietnam by the US military research and are used even today. Knowing about the involvement of the CIA and US military is a key to understanding the anatomy of PSYOPS in Vietnam. In the North Vietnam arena in the 1960′s, the Viet Cong ruled every facet of society. This Viet Cong Infrastructure (VCI) consisted of more than 75,000 South Vietnamese brainwashed by the Viet Cong (VC) which returned to fight the American military. Back in 1941 Ho Chi Minh, who studied in the United States, formed the Vietminh to throw the Japanese and French out of Vietnam led by “… General Vo Nguyen Giap and his First Armed Propaganda Detachment … By mid-1945 the Vietminh held six provinces near Hanoi and was working with the forerunner of the CIA, the Office of Strategic Services (OSS) …” As of September 1945 Minh declared Vietnam an independent state, partly because he received significant support from the American military supplies left behind for him as World War II ended in Japan.