special-forces-uw-tc-18-01

An important legal aspect of a noninternational

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Unformatted text preview: cute combatants as criminals under the domestic laws of the nation in question. An insurgent’s wear of a uniform does not automatically give him a protected status under international law in a purely internal, noninternational armed conflict. 3-16 TC 18-01 30 November 2010 Concept of Employment GENEVA CONVENTIONS COMMON ARTICLE 3 3-94. Common Article 3 exists in each of the four Geneva Conventions of 1949. It provides the primary source of rights and duties of persons participating in noninternational armed conflicts. The touchstone of Common Article 3 is the humane treatment of all detainees. 3-95. Common Article 3 has two parts. The first part provides that persons taking no active part in the hostilities (including members of armed forces who have laid down their arms and those out of combat because of sickness, wounds, detention, or any other cause), shall be treated humanely in all circumstances. Humane treatment specifically excludes— Violence to life and person; in particular, murder, mutilation, torture, or any cruel treatment. Hostage-taking. Outrages upon personal dignity; in particular, humiliating and degrading treatment. Passing of sentences and carrying out executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees that civilized peoples recognize as vital. 3-96. The second part of Common Article 3 requires collecting and caring for the wounded and sick. It does not grant POW status or combatant immunity to insurgents or irregular forces. It does require the government to grant them a fair trial in a regularly constituted court before carrying out the court’s sentence after a guilty verdict. Common Article 3 incorporates basic human rights. Human rights also include other rights embodied in the phrase “life, liberty, and the pursuit of happiness,” such as the right of free speech, freedom of worship, and freedom of the press. U.S. personnel who notice suspected violations of basic human rights must report the facts to their chain of command. 3-97. Per U.S. law, all U.S. forces must compl...
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