cowboycwr said:
BUDOS said:
The wording of the law regarding boat strikes being violations depends on context: attacking shipwrecked people or those hors de combat(wounded/sick) is a war crime under Geneva Conventions, prohibited by U.S. Law of War Manual (prohibits "denial of quarter," firing on survivors). In non-conflict situations, force must be "reasonable and necessary," with lethal force generally limited to self-defense, otherwise it's unlawful, potentially violating Law of the Sea (UNCLOS, though U.S. isn't signatory but generally follows).
Here's a breakdown of relevant legal principles:
International Humanitarian Law (Law of Armed Conflict)
* Geneva Conventions: Protects wounded, sick, and shipwrecked persons, making them immune from attack. Attacking them is a grave breach.
* U.S. Law of War Manual: Explicitly forbids attacking shipwrecked or wounded individuals, calling such orders illegal and requiring soldiers to refuse them.
* "No Quarter" Prohibition: Explicitly outlaws policies to give no quarter (leave no survivors), a core principle of armed conflict law.
International Law of the Sea
* UNCLOS: Prohibits interference with vessels in international waters, allowing limited exceptions like "hot pursuit".
* Use of Force: Force to stop vessels should generally be non-lethal; lethal force only justified for self-defense against immediate threats, not just drug smuggling.
U.S. Domestic Law
* Uniform Code of Military Justice (UCMJ):Soldiers carrying out unlawful orders (like killing survivors) can face court-martial.
* 33 U.S. Code 412: Addresses liability for violating acts related to navigation/waterways, imposing fines/license suspension.
In essence: Deliberately targeting survivors of a boat strike is illegal under both peacetime maritime law and the laws of armed conflict, constituting a war crime if in conflict, or an unlawful killing if not.
Lol. You just made my point and don't realize it. M
According to you and the things you cited we would NEVER be able to attack enemy ships in international waters.
Most of what you cited is also not for military purposes. Or as you note we are not bound to.
You also ignored my point about the survivors being killed under Obama and no one making a big deal about it. There are hundreds of videos showing this. Like helicopters shooting at people walking and then shooting again when they are on the ground.
So until you post something condemning Obama for shooting survivors I know you are not serious.
Obama was involved in this? Huh, didn't know he had involvement. Otherwise what does that have to do with what happened under the current Administration
Please, humor me, why the constant discussion of past Administrations? What does Biden and Obama or Bush and Reagan have to do with this specific incident? I really do not get it. Those are ancient history and I am sure they were discussed at nauseum when they occurred. But, they are immaterial to this discussion.
As for this act.
Attacking sailors at sea that are non-combatants is a crime. I won't say war crime, as we are not at war with anyone. But the investigation is not out of line.
But, so far the only one that seems to get it is Tom Cotton and his comments. It appeared to him that the 2 were trying to get back into the fight (what fight I am not sure of since there was no shots fired at the US). That would make them combatants and legitimate targets. At least someone in this mess appears to have debriefed contact and knows the drill.
Only issue is that there are others saying otherwise. It looks to me like it will need to be played out in the JAG Corps system, which is why it is there (JAG has existed since 1775, rules of war and legality have ALWAYS been part of the military. It is older than the Dec of Independence. It is not some liberal invention.)
Someone said, in your "JAG combat world", got news for you IT HAS ALWAYS BEEN A JAG combat world since the beginning. Sums up that you are missing the point. Military action is serious and there are consequences. Everyone hates JAG until they are defending you.