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11/11/2015 / By Norman Smith
The United States is a party to the 1949 Geneva Conventions, which explicitly prohibit attacks on medical establishments.
Article 19, Geneva Convention I: “Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict.”
The Department of Defense Law of War Manual cites the Geneva Conventions verbatim.
Department of Defense Law of War Manual: “During international armed conflict, civilian hospitals organized to give care to the wounded and sick, the infirm, and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the parties to the conflict.” (p. 478)
Article 18, Geneva Convention IV: “Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict.”
The War Crimes Act of 1996, passed by a Republican Congress and signed into law by President Bill Clinton, carries the death penalty for commanders responsible for “grave breaches” of the Geneva Conventions.
Sec. 2441. War crimes:
“(a) OFFENSE- Whoever, whether inside or outside the United States, commits a grave breach of the Geneva Conventions, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.”
“(b) CIRCUMSTANCES- The circumstances referred to in subsection (a) are that the person committing such breach or the victim of such breach is a member of the armed forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).”
“(c) DEFINITIONS- As used in this section, the term `grave breach of the Geneva Conventions’ means conduct defined as a grave breach in any of the international conventions relating to the laws of warfare signed at Geneva 12 August 1949 or any protocol to any such convention, to which the United States is a party.”
Violating the Geneva Conventions is also UNCONSTITUTIONAL. All treaties entered into by the United States government are part of “the supreme law of the land,” according to Article VI of the United States Constitution.
Article VI:
“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”
Sources:
Tagged Under: death penalty, Doctors Without Borders, justice, Obama, US military
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