Armed Conflict Case Study

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| |[pic]Human rights exist only as a result of the proper discipline of military forces. | | |[pic]Human rights are separate from the law of war and guarantee universal civil, political, and social rights only in times of | | |peace. | | |[pic]Human rights are inalienable rights that apply throughout the peace-war-peace spectrum, whereas the law of war is that part of| | |international law that regulates the conduct of armed hostilities. | [pic] |[pic] |4) For U.S. DOD personnel, standards of respect for Human Rights and Law of War (also known as Law of Armed Conflict, or LOAC, and | | |International Humanitarian Law, or IHL) are codified in: [objective6] [pic][Remediation Accessed :N] | | |[pic]All of the answers are correct. | | |[pic]National laws and the UCMJ. | | |[pic]International treaties and customary international law. | | |[pic]Department of Defense Directives and regulations. | [pic] |[pic] |5) You're off duty touring a foreign city in an unofficial vehicle with local and U.S. colleagues when you are unexpectedly pulled | | |over by police. Without identifying themselves as police conducting an arrest, two uniformed officers begin to harass and threaten | | |your driver, a host nation national whom you trust, ordering him out of the vehicle and ordering you and the others to remain where | | |you are. Your attempts to identify yourselves as U.S. officials are ignored. The driver is handcuffed and put in the back of the | | |police truck. The officers get in the truck and are about to drive away. What should you do? [objective16] [pic] | | |[pic]Memorize or jot down a description of the officers, their vehicle, and any insignia and/or marking. Report all details to your| | |chain of command. | | |[pic]Step in front of the police vehicle and inform the officers you are the driver's employer and a U.S. official. Report the | | |incident to your chain of command. | | |[pic]Approach the police and demand identification and an explanation. Record and report the details. | | |[pic]Take note of any insignia and follow the police to the precinct to demand documentation of reason for arrest. Send a copy to | | |your chain of command. | [pic] |[pic] |6) Which of the following is true of the Universal Declaration of Human Rights (1948)? [objective3] [pic][Remediation Accessed | | |:N] | | |[pic]It is legally binding and enumerates the complete list of protections commonly regarded as Customary International Law. | | |[pic]Foreign governments are bound to protect human rights only if they have formally recognized the Universal Declaration of Human| | |Rights. | | |[pic]Many of its provisions are regarded as Customary International Law. | |
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The instructor describes a scenario in which soldiers on the perimeter capture a fleeing inmate and are |
| |holding him for turnover to police custody. The instructor suggests that because the police are preoccupied, the soldiers would be |
| |permitted to aggressively interrogate the inmate about other inmates who may have planned the riot, using death threats to |
| |intimidate the suspect. Some of the students turn and look at you quizzically, as if trying to ascertain your opinion on the matter.|
| |What do you do? [objective14] [pic] |

| |[pic]Remain quiet and neutral, but approach the instructor immediately after the class to inform him some students seemed concerned|
| |about the scenario.
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|

| |[pic]Politely ask the instructor for clarification on national laws regarding military authorities in such missions, and also on |
| |the interrogation method described, given its human rights implications. Report the problematic training to your chain of command. |

[pic]
|[pic] |13) You're supporting host nation housing reconstruction projects and learn that a subcontractor of a firm involved in the project |
| |may be using forced labor in other operations that have nothing to do with the project. You should [objective4] |
| |[pic][Remediation Accessed :N] |

| |[pic]Try to verify the rumor and report it only if you have substantial evidence. |

| |[pic]Immediately report the rumor to any senior official of the agency responsible for the contract. |

| |[pic]Immediately report this through your chain of command. |

| |[pic]Keep quiet in order to protect anyone who is under threat, but report the accusation in your after-action review.

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