Even Wars Have Laws: Upholding an American Tradition TJ Adhihetty
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Social Education 74(5), pp 259–263 ©2010 National Council for the Social Studies Special Section: Exploring Humanitarian Law Even Wars Have Laws: Upholding an American Tradition TJ Adhihetty ince the founding of this nation, Americans have lived by the belief that wars have Revolution.”5 laws. Even in the most morally-challenging times, the principles of international General Washington remained stead- Shumanitarian law (IHL)1—which provide basic protections for the vulnerable, fast to basic values. He instructed the such as civilians, prisoners of war, and sick and injured combatants—have been Continental Army to treat captured championed by leaders like George Washington and Abraham Lincoln. However, Hessian and British troops humanely, recent public opinion polls indicate that the difficult lessons learned by previous despite the poor treatment of American generations may be soon forgotten, especially by young Americans. prisoners by the British army and the fact that wounded American soldiers were sometimes shown no mercy.6 After Today’s political landscape is differ- be used to gain information from the the Battle of Princeton in January 1777, ent from that of the eighteenth and nine- suspected bomber.3 Washington wrote to one of his most teenth centuries, but both the practices Alarmingly, young adults are the most trusted officers regarding the British and principles developed by previous likely to support the use of torture and prisoners and stated: “Treat them with American leaders should help guide us other aggressive interrogation techniques. humanity, and Let them have no reason as we address difficult questions like the In 2007, the Pew Research Center found to Complain of our Copying the bru- treatment of detainees and the issue of that only 25% of young respondents tal example of the British army in their torture. The rationale for their actions is (18–29 years old) believed that torture Treatment of our unfortunate brethren…. a strong justification for observing basic is never justified.4 Older Americans held Provide everything necessary for them protections during modern armed con- greater resistance to the use of torture; on the road.”7 In the face of adversity, flicts, and as we prepare to observe next 27% of those 30–49 years of age, 34% Washington believed that morality was year’s 150th anniversary of the begin- of those 50–64 years of age, and 36% of still essential. ning of the Civil War, their lessons are those 65 years or older ruled out torture When the United States was tested also quite poignant. as an option. decades later during the Civil War, These views towards torture are in Dr. Francis Lieber gave the world the A Torturous Change in Beliefs sharp contrast to the actions and prin- first codification of the principles of The founding fathers would be shocked. ciples of America’s first generations. international humanitarian law. Lieber In June 2009, an AP-GfK poll revealed In his Pulitzer Prize-winning book, was a soldier, a father of three soldiers that 52% of American respondents Washington’s Crossing, historian David of the Civil War, a resident of both the believed it was (at least) sometimes jus- Hackett Fischer maintains that General South and the North, and a distinguished tified to use torture against suspected George Washington fulfilled humanitar- academic. He was commissioned by terrorists to obtain information about ian ideals not merely by his words, but President Lincoln to draft a code of regu- terrorism activities, while only 29% of through his actions. Fischer writes: “In lations for the Union army. The content respondents believed that torture could 1776, American leaders believed it was of the 1863 Lieber Code, as it has come never be justified.2 Six months later, a not enough to win the war. They also had to be known, is undoubtedly influenced poll conducted by Rasmussen Reports to win in a way that was consistent with by the fact that his sons were fighting on shortly after the attempted airline the values of their society and the prin- opposite sides of the Civil War. bombing on December 25, 2009, had ciples of their cause. One of their greatest Dr. Lieber’s words remain relevant in a similar outcome. In that survey, 58% achievements in the winter campaign of modern armed conflict. Among the 157 of U.S. voters agreed that waterboarding 1776–1777 was to manage the war in a articles of the Code, there are several (simulated drowning) and other aggres- manner that was true to the expanding provisions specifically regarding the sive interrogation techniques should humanitarian ideals of the American treatment of prisoners and the prohibi- October 2010 259 tion against torture. For example, Article As the former director of West Point’s ing words, he replied that it is torture 80 states: Law of War program, Solis writes: and is in violation of the 1949 Geneva Conventions and the 1984 Convention Honorable men, when captured, Its impact in the United States against Torture, which was signed during will abstain from giving to the enemy and internationally was great and President Ronald Reagan’s administra- information concerning their own long-lasting as the first codification tion. In terms of the belief that torture army, and the modern law of war for soldiers in the field of custom- secures valuable intelligence information, permits no longer the use of any ary rules of battlefield conduct. McCain stated: violence against prisoners in order Much of [law of armed conflict] to extort the desired information or that has followed…even the 1949 But look, I think that it’s important to punish them for having given false Geneva Conventions, owe substan- for us to recognize that most mili- information. tial debts to Francis Lieber and his tary people don’t believe we should 1863 Code.9 torture people and most military As with the orders of General and FBI people say that you can Washington, both American values These American values about tor- gain better results through other and practical considerations were at ture and treatment of prisoners of war techniques because once you hurt the foundation of the Lieber Code. In have had an influence around the world. someone badly enough, they’re going a letter dated May 20, 1863, Dr. Lieber The Geneva Conventions of 1949 have to tell you whatever they want you to wrote to Major-General Henry Halleck been adopted by 194 nation-states. The hear in order to make it stop. That’s requesting that he utilize the Code and four Geneva Conventions and the two pretty logical. So we can gain better issue orders against Union soldiers: Additional Protocols of 1977 provide information through using different specific rules to safeguard combatants techniques which are not in viola- I know by letters from the West who are wounded, sick, or shipwrecked; tion of any of the treaties or obliga- and the South, written by men on our prisoners of war and civilians; as well as tions, not to mention our image as side, that the wanton destruction of medical personnel, military chaplains, a nation.11 property by our men is alarming. It and civilian support workers of the does incalculable injury. It demor- military. As described by Solis: “The By contrast, most Americans are under alizes our troops; it annihilates four 1949 Geneva Conventions are the the impression that torture is necessary wealth irrecoverably, and makes a cornerstone of the [law of armed conflict]. for gaining valuable information to keep return to a state of peace more and They are the most ratified treaties in the the country safe. A Rasmussen Reports more difficult. Your order, though history of the world.”10 If the historical poll of August 2009 found that a remark- impressive and even sharp, might be values prohibiting torture and mistreat- able 44% of people held the opinion that written with reference to the Code, ment of prisoners of war are universally waterboarding and other harsh interro- and pointing out the disastrous con- adopted today, why are Americans debat- gation techniques very likely helped to sequences of reckless devastation, in ing these values? secure valuable intelligence information, such a manner as not to furnish our No one knows the importance of pro- and a further 21% said those measures reckless enemy with new arguments tections for prisoners and the prohibi- were somewhat likely to have helped.12 for his savagery…8 tion against torture better than a former Education about international humani- prisoner of war. Just ask Senator John tarian law and humanitarian values is, If humanitarian values were essential McCain. On October 26, 1967, his Navy therefore, absolutely necessary. in America’s bloodiest war, it stands to plane was shot down over Vietnam forc- The Third Geneva Convention pro- reason that they should not be so quickly ing him to eject and suffer two broken tects in clear terms prisoners of war like forgotten in today’s modern conflicts. arms and a leg. For five and a half years, McCain and is “a treaty born in no small Senator McCain was held as a prisoner measure of the suffering of American Modern Protections and Why They of war at the infamous “Hanoi Hilton,” prisoners and of those of other nations.”13 Matter where he was denied necessary medi- It outlines conditions for the beginning of Modern international humanitarian law cal treatment, was often beaten by his captivity, care during captivity (particu- can trace its roots to the Lieber Code. North Vietnamese captors, and spent larly the state of living quarters; hygiene Professor Gary Solis, who served two much of his time in solitary confine- and medical attention; religious, intel- tours of duty in Vietnam, describes ment.