The laws of armed conflict are the concern of every member of the armed forces: soldiers, sailors, airmen, marines, and yes, even Seabees. Because of the important sound of the term laws of armed conflict, you may think that only people, such as the Chief of Naval Operations, the Secretary of the Navy, the Secretary of Defense, and the President, concern themselves with the rules of war. While individuals such as these from many countries have, over the years, drafted the basic documents governing man's treatment of his fellowman in wartime, the laws of armed conflict remain the direct concern of every serviceman.

The principles behind the laws of armed conflict can be stated in the following question: How should you, an individual Seabee, conduct yourself in wartime operations to accomplish your mission while still respecting the rights of civilians, your enemies, and your allies? This chapter provides you with some basic information on what to do and, just as important, what not to do in wartime situations.

WHY WE NEED LAWS IN WAR

Unfortunately, war is as old as man himself. People cause wars; weapons do not. Man creates the weapons that are merely the instruments that a nation uses to carry out its war objectives. Genghis Khan, the ancient Asian warlord, killed or maimed a greater percentage of people than any other leader in history. He did it with bows and arrows and other similar primitive weapons. During Genghis Khan's era, there were no rules of war. Although man continues today to be the force behind the weapons, there exists now a certain orderliness to which people of most countries who find themselves on a battlefield subscribe.

The positive side of mankind has managed to improve the conditions under which war is conducted since the era of Genghis Khan. As newer weapons of warfare have made it easier for man to kill his fellowman, nations have sensed a need to eliminate unnecessary death, destruction, and suffering. This need has been reflected in the moral values of civilized man and also in his military policies.

Binding customs and formal laws of war, presented in the Geneva conventions and The Hague regulations, have evolved. They legally bind most nations to the practices set down at Geneva and The Hague. The United States has agreed to these rules. Any violation of them is the same as a violation of the laws of the United States itself. The United States has led the world in adopting rules for its military forces. These rules recognize that enemies are also human beings and that captured or detained people are entitled to retain their fundamental rights as humans regardless of their past conduct or beliefs. Every Seabee has the duty, therefore, to know and obey the laws of armed conflict.

History shows that discipline and high morale led our military forces to victory in battle after battle. These same characteristics apply to obedience to the laws of armed conflict. Although you will be in uniform and be an instrument of a nation state (the United States) in an armed conflict, this does not give you license to do anything you wish to do. There are limits on what you can do when waging war, and those limits are established by the laws of armed conflict. This chapter explains what you can and cannot do.