Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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300
5. The Soldier’s Rules
AR 350-1, Table F, lists these ten LOAC rules as the minimum knowledge required for all Army members) Soldiers fight only enemy combatants) Soldiers do not harm enemies who surrender. They disarm them and turn them over to their superior) Soldiers do not kill or torture any personnel in their custody) Soldiers collect and care for the wounded, whether friend or foe) Soldiers do not attack medical personnel, facilities, or equipment) Soldiers destroy no more than the mission requires) Soldiers treat civilians humanely) Soldiers do not steal. Soldiers respect private property and possessions) Soldiers should do their best to prevent violations of the law of war) Soldiers report all violations of the law of war to their superior.
E. Obligations and Enforcement
1. Always Follow the LOAC
As stated above, DoD policy is to comply with the LOAC during all armed conflicts, however such conflicts are characterized, and in all other military operations (DoDD E, para. 4.1). Many rules of the LOAC apply across the entire spectrum of conflict, particularly those requiring humane treatment of detainees and civilians.
Commanders are legally responsible for war crimes they personally commit, order committed, or know or should have known about and take no action to prevent, stop, or punish. The US. reviews commander and subordinate decisions based on information reasonably available at the time an action is planned, authorized, or executed, and not on information that comes to light afterwards.
2. Train Soldiers to Follow the LOAC
a. Unit and Soldier Training Requirements in AR 350-1
Commanders have the primary duty to ensure members of their commands are trained on and do not violate the LOAC. All Soldiers receive Level A LOAC training during initial military training. AR 350-1, Table F requires Level B LOAC training in MTOE units for all unit personnel annually and again prior to deployment when directed. AR 350-1 states, Commanders will establish specific training objectives a qualified instructor a Judge Advocate or certified NCO Paralegal will conduct training in a structured manner, and evaluate performance using established training conditions and performance standards.”

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