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You are on the board of a General Officer who was given the order to repatriate all Gitmo prisoners ASAP.
He immediately stuffed them all into a number of C-130s with orders for the pilots to fly to the capitals of the prisoners respective countries, open the rear door and stand the plane on its tail feathers.
All of the pilots complied.
From the time he got the orders until the last prisoner was repatriated was 23 hours, 12 minutes.
He is being charged with disobeying a direct order, as it was supposidly IMPLIED that this be done with dignity.
What's the verdict?
Just like we said to the Nazis back in '45-46... 'I was just following orders' is NOT a defense to murder.
You do know that those trials were 1. Because they lost. 2. Because they slaughtered millions of civilians in clear cut crimes against humanity.
Doesn't excuse smaller-scale murder.You should also know that according to the laws of war these guys are provided no protections due to fighing out of uniform for no nation. Therefore their execution is 100% justified and
NOT murder.
Nope, that's not what the current LOAC provides for.
Shooting prisoners, regardless of 'uniform' status, is murder.What do you suppose our Spec Ops guys do when they capture some AQ dude in enemy territory and have no use for him or can't extricate his ass? I'm willing to bet he gets shot or gets his throat cut. If they do that should they get the death penalty Dave?
If any of our troops do that, yes, they should get charged with murder, and punished as a court martial would direct.
And I'm willing to bet you're wrong, and prisoners are treated as standing orders & the law of war requires - eg, safely extracted to the rear...
The 'out of uniform = execution' thing is NO LONGER legal. Summary Execution is NEVER legal under the current LOAC.
Even unlawful combatants are entitled to a hearing (in the rear, not a drumhead) to determine status (unlawful vs POW) before any punishment may be levied...
Trust me, we get this stuff as death-by-power-point for 2-3 days, every year.
There is no 'Shoot' in the 5-s's of prisoner treatment.