@cicerone imposter,
Odd choice for a rule of law country, CI. Kinda puts the poor boys between a rock and a hard place, doesn't it?
I think that you are just repeating an old canard you heard somewhere along the way.
Quote:A COMPANY COMMANDER IS RESPONSIBLE FOR CONTROLLING AND SUPERVISING HIS SUBORDINATES DURING COMBAT OPERATIONS
It has long been a custom of the service that, in general, a commander is responsible for the actions of his subordinates in the performance of their duties. This service custom was judicially underscored by Judge Latimer who stated in a concurring opinion,
'Military law recognizes no principal which is more firmly fixed than the rule that a military superior is responsible for the proper performance by his subordinates of their duties.' . For indeed, the responsibility of a commander for controlling and supervising his subordinates is the cornerstone of a responsible armed force.
The custom of the Armed Forces regarding command responsibility is well stated in FM 22-100, supra, para. 22: "The military commander has complete and overall responsibility for all activities within his unit.
He alone is responsible for everything his unit does or does not do." This command responsibility does not, of course, extend to criminal responsibility unless the commander knowingly participates in the criminal acts of his men or knowingly fails to intervene and prevent the criminal acts of his men when he had the ability to do so.
Military commanders may also be responsible for war crimes committed by their subordinates. 'When troops commit massacres and atrocities against the civilian population of occupied territory or against prisoners of war, the responsibility may rest not only with the actual perpetrators but also with the commander. Such a responsibility arises directly when the acts in question have been committed in pursuance of an order of the commander concerned. The commander is also responsible if he has actual knowledge, or should have knowledge, through reports received by h'un or through other means, that troops or other persons subject to his control are about to commit or have committed a war crime and he fails to take the necessary and reasonable steps to insure compliance with the law of war or to punish violators thereof.'
In addition to controlling and supervising his subordinates, an Army officer, due to his superior rank and senior position, must conduct himself in an exemplary manner.
http://law2.umkc.edu/faculty/projects/ftrials/mylai/MYL_LAW3.HTM
If what you have suggested is the actual operating principle of the US armed forces, then it is apparent that there is a much bigger cancer than anyone has previously imagined. If this is so, how is it that there are any officers who haven't been fragged?
Here's the rule book that every soldier in Vietnam got.
++++++++++++++++++
Pocket Card, "Nine Rules"
Rules: The Vietnamese have paid a heavy price in suffering for their long fight against the communists. We military men are in Vietnam now because their government has asked us to help its soldiers and people in winning their struggle. The Viet Cong will attempt to turn the Vietnamese people against you. You can defeat them at every turn by the strength, understanding, and generosity you display with the people. Here are nine simple rules:
1.) Remember we are guests here: We make no demands and seek no special treatment.
2.) Join with the people! Understand their life, use phrases from their language and honor their customs and laws.
3.) Treat women with politeness and respect.
4.) Make personal friends among the soldiers and common people.
5.) Always give the Vietnamese the right of way.
6.) Be alert to security and ready to react with your military skill.
7.) Don’t attract attention by loud, rude or unusual behavior.
8.) Avoid separating yourself from the people by a display of wealth or privilege.
9.) Above all else you are members of the U.S. Military Forces on a difficult mission, responsible for all your official and personal actions. Reflect honor upon yourself and the United States of America.
DISTRIBUTION -- one to each member of the United States Armed Forces in Vietnam (September 1967).
MACV Pocket Card,
"The Enemy In Your Hands"
As a member of the U.S. Military Forces, you will comply with the Geneva Prisoner of War Convention of 1949 to which your country adheres. Under these Conventions:
You can and will:
Disarm your prisoner.
Immediately search him thoroughly.
Require him to be silent.
Segregate him from other prisoners.
Guard him carefully.
Take him to the place designated by your commander.
You cannot and must not:
Mistreat your prisoner.
Humiliate or degrade him.
Take any of his personal effects that do not have significant military value.
Refuse him medical treatment if required and available.
ALWAYS TREAT YOUR PRISONER HUMANELY
THE ENEMY IN YOUR HANDS
1.) Handle him firmly, promptly, but humanely.
The captive must be disarmed, searched, secured and watched. But he must also be treated at all times as a human being. He must not be tortured, killed, mutilated, or degraded, even if he refuses to talk. If the captive is a woman, treat her with all respect due her sex.
2.) Take the captive quickly to security.
As soon as possible evacuate the captive to a place of safety and interrogation designated by your commander. Military documents taken from the captive are also sent to the interrogators, but the captive will keep his personal equipment except weapons.
3.) Mistreatment of any captive is a criminal offense. Every soldier is personally responsible for the enemy in his hands.
It is both dishonorable and foolish to mistreat a captive. It is also a punishable offense. Not even a beaten enemy will surrender if he knows his captors will torture or kill him. He will resist and make his capture more costly. Fair treatment of captives encourages the enemy to surrender.
4.) Treat the sick and wounded captive as best you can.
The captive saved may be an intelligence source. In any case he is a human being and must be treated like one. The soldier who ignores the sick and wounded degrades his uniform.
5.) All persons in your hands, whether suspects, civilians, or combat captives, must be protected against violence, insults, curiosity, and reprisals of any kind.
Leave punishment to the courts and judges. The soldier shows his strength by his fairness and humanity to the persons in his hands.
(September 1967)