The principle of humane treatment requires that civilians be treated humanely at all times.Common Article 3 of the Geneva Convention prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked).
Military and civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. This principle of humane treatment has been affirmed by the GC as a norm of customary international law, applicable in both international and non-international armed conflicts.
Chief Gallagher, as a senior NCO, and supervisor in an active armed conflict, is strongly required to stay within the guidelines of GC. And he is aware of its existence and has been ordered to stay within it. By his actions going public, he has placed our members in danger downrange to include military and civilians.
Remember the Alamo? Well our opponents will remember the actions taken by Chief Gallagher and will apply them to captured Americans using far worse actions like public be headings and torture.
Trump can pardon and take away the punishment, but he can’t take away the determination of guilt. Chief Gallagher is guilty of the articles under the UCMJ he violated.
Many of us have served and have gone to great pains, risked our life, risked the lives of our comrades, in order to uphold the values of this country, which include the fact that we hold ourselves to a higher standard when it comes to war and the law of war. And the idea that none of that matters at the end of the day is a slap in the face to all of us. That these people will be trotted out as heroes is a moral injury to every veteran.
And furthermore, commanders would start trying to avoid presidential interference by staying off his radar. It’s going to drive a lot of things underground that Trump is never going to hear about and I think the senior commanders within the services may just hide things from him. Or they may elect to not even take action. And then we are truly no better than the animals we make out to be our uncivilized opponents.
rwood
How is posing with one's unit lined up behind a dead body lying on the ground, with calm faces and no shenanigans, the equivalent of public beheadings and torture, pray tell?