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For the American Soldier, Not a Good Storyl!
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<blockquote data-quote="Jones" data-source="post: 350061" data-attributes="member: 4805"><p>Assuming that the video testimony is accurate, we're not talking about a lone individual who makes a mistake and tries to cover it up all by himself. We're talking about an unofficial policy of carrying "drop weapons" specifically to use in those situations as a matter of course.</p><p></p><p>A Marine Corps fire team consists of 4 men. What does the FTL know about what his men are doing? What should he know? What is his responsibility as a leader?</p><p></p><p>A Marine Corps rifle squad consists of 13 men. What does the SL know about what his men are doing? What should he know? What is his responsibility as a leader?</p><p></p><p>What do the platoon sgt and platoon commander know? What is it their responsibility as leaders to know? what about the company commander?</p><p></p><p>Command responsibility is not a "new concept of justice", it's a standard that has been applied at least since the 6th century BC (by Sun Tzu). It was first adopted by the U.S. during the Civil War. It was applied at both the Nuremberg Tribunals and at the Tokyo War Crimes Tribunal where the US standard was set during the trial of Japanese General Tomoyuki Yamasita, who was convicted and sentenced to death for <em>"unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes."</em></p><p><em></em>His death sentence was upheld by the United States Supreme Court in a 7-2 decision.</p><p></p><p>Command Responsibility was further delineated in the court martial of company commander Capt. Ernest Medina in the aftermath of the My Lai massacre in Vietnam:<em></em></p><p><em>"The commander is also responsible if he has actual knowledge, <strong>or should have knowledge</strong>, through reports received by him 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."</em></p><p>You can read the prosecution brief <a href="http://www.law.umkc.edu/faculty/projects/ftrials/mylai/MYL_LAW3.HTM" target="_blank"><span style="color: Blue"><u>here.</u></span></a></p><p></p><p>This page has a fairly informative summary of some of the history and concepts: <a href="http://www.pbs.org/wnet/justice/world_issues_com.html" target="_blank"><span style="color: Blue"><u>click</u></span></a></p></blockquote><p></p>
[QUOTE="Jones, post: 350061, member: 4805"] Assuming that the video testimony is accurate, we're not talking about a lone individual who makes a mistake and tries to cover it up all by himself. We're talking about an unofficial policy of carrying "drop weapons" specifically to use in those situations as a matter of course. A Marine Corps fire team consists of 4 men. What does the FTL know about what his men are doing? What should he know? What is his responsibility as a leader? A Marine Corps rifle squad consists of 13 men. What does the SL know about what his men are doing? What should he know? What is his responsibility as a leader? What do the platoon sgt and platoon commander know? What is it their responsibility as leaders to know? what about the company commander? Command responsibility is not a "new concept of justice", it's a standard that has been applied at least since the 6th century BC (by Sun Tzu). It was first adopted by the U.S. during the Civil War. It was applied at both the Nuremberg Tribunals and at the Tokyo War Crimes Tribunal where the US standard was set during the trial of Japanese General Tomoyuki Yamasita, who was convicted and sentenced to death for [I]"unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes." [/I]His death sentence was upheld by the United States Supreme Court in a 7-2 decision. Command Responsibility was further delineated in the court martial of company commander Capt. Ernest Medina in the aftermath of the My Lai massacre in Vietnam:[I] "The commander is also responsible if he has actual knowledge, [B]or should have knowledge[/B], through reports received by him 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."[/I] You can read the prosecution brief [URL="http://www.law.umkc.edu/faculty/projects/ftrials/mylai/MYL_LAW3.HTM"][COLOR=Blue][U]here.[/U][/COLOR][/URL] This page has a fairly informative summary of some of the history and concepts: [URL="http://www.pbs.org/wnet/justice/world_issues_com.html"][COLOR=Blue][U]click[/U][/COLOR][/URL] [/QUOTE]
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