In classroom, Army lawyer sees troops grapple with law of war
By Franklin Fisher, Taegu
bureau chief
Grills |
TAEGU, South Korea — If U.S. troops are at war, they need to
know how to act toward civilians, prisoners and the enemy troops they’re fighting.
To teach them those things, and how to behave if taken prisoner, an
Army lawyer in Taegu, South Korea, holds classes in the Law of War. U.S. Army soldiers
must take the class once a year.
Capt. Toshene C. Grills, of the staff judge advocate’s office at
Taegu’s Camp Henry teaches the classes, which run about 90 minutes. Soldiers are
often surprised when they hear what’s expected of them in battle or in captivity.
The law of war limits suffering and destruction to military targets.
It also fosters humane treatment for all captured persons.
“I’ve had to do a lot of preparation, and just reading some
books … and the realization of how horrible war can be and the things that soldiers
have had to endure in other battles probably has been what has touched me the most,”
Grills said.
Using slides and a projector to make her points, Grills spells out
the “Soldier Rules”: Fight only enemy combatants; Do not harm enemies who
surrender; Do not kill or torture EPWs (Enemy Prisoners of War); Collect and care for the
wounded from both sides; Do not attack medical personnel or facilities; Destroy no more
than the mission requires; Treat all civilians humanely; Do not steal private
property/Respect private property; Report any violations [of law of war].
Grills knows that in an actual war zone, whether soldiers will follow
those rules depends partly on “what types of action they’ve seen or atrocities
they’ve seen the enemy commit.”
But what if a soldier’s commanding officer or other person
senior in rank orders an action that would violate the law of war?
“First,” the soldiers are told, “clarify the order,
ensure the person giving the order understands that the order violates the [law of war].
If the order still stands, you must disobey.”
Soldiers are obligated to report any violation of the law of war,
Grills tells them, and each is held responsible for his actions.
“Soldiers are criminally responsible for any unlawful act which
he personally commits,” said Grills. “… In all cases, the person who
actually commits a crime is subject to punishment, even if he acted pursuant to the orders
of a superior.”
The soldiers often show the most reaction when Grills tells them how
they’re expected to act toward enemy prisoners.
“They have questions, about how they’re supposed to treat
enemy prisoners as far as having to give them medical treatment and feed them and having
to treat them humanely, even after they may have seen this same person kill their buddy
just seconds before that,” Grills said.
“I think some of them think it’s unfair,” she said.
“They wonder whether or not the enemy would treat them the same way.”
Grills addresses such questions in the context of why the law of war
should be obeyed.
“First of all, we don’t know that we won’t be treated
the same way [humanely]. Why do we regulate war? It motivates the enemy to obey the same
rules, it motivates the enemy to surrender.
“I think part of the goal of my class is to continue the
discussion until,” Grills said, “they at least understand the reasoning behind
it.”
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