Key Takeaways
- Pete Hegseth, the US defense secretary, has been accused of telling soldiers to ignore legal advice on when to kill enemy combatants under their rules of engagement.
- Hegseth has denied giving the order and has the support of Donald Trump, but some US senators have raised the possibility that he committed a war crime.
- Hegseth has expressed admiration for a former commanding officer who was reprimanded for ordering soldiers to "kill all military-age males" in a raid.
- Hegseth has also called into question the entire edifice of laws of conflict, suggesting that the US should win wars according to its own rules, regardless of international opinion.
- The US military has a system of rules of engagement and laws of armed conflict that are designed to protect civilians and prevent war crimes.
Introduction to the Controversy
Pete Hegseth, the US defense secretary, has been embroiled in controversy after it was revealed that he told soldiers under his command in Iraq to ignore legal advice about when they were permitted to kill enemy combatants under their rules of engagement. This anecdote is contained in a book Hegseth wrote last year, in which he also repeatedly railed against the constraints placed on "American warfighters" by the laws of war and the Geneva conventions. Hegseth’s comments have sparked outrage and raised concerns about the potential for war crimes, particularly in light of a recent incident in which survivors of a first strike on a boat in the Caribbean were reportedly killed in a second strike following a verbal order from Hegseth to "kill everybody".
The Laws of War and Rules of Engagement
The laws of war and rules of engagement are designed to protect civilians and prevent war crimes. These laws and rules are in place to ensure that military personnel understand what is and is not permissible in combat situations. In the case of the incident in Iraq, the JAG officer briefing Hegseth’s platoon on the rules of engagement explained that soldiers were not authorized to fire at an enemy unless the enemy was posing a direct threat. Hegseth, however, instructed his men to ignore this advice and to engage and destroy any enemy they believed to be a threat. This approach is in direct contravention of the laws of war and rules of engagement, and raises serious concerns about the potential for war crimes.
The Role of JAG Lawyers
JAG lawyers play a crucial role in ensuring that military personnel understand and comply with the laws of war and rules of engagement. They provide legal advice and guidance to military commanders and personnel, and help to ensure that military operations are conducted in a lawful and ethical manner. Despite Hegseth’s portrayal of JAG lawyers as obstacles to effective military action, the reality is that JAG lawyers are an essential part of the military’s legal framework. As Professor David Crane, a former chief prosecutor of the UN special court for Sierra Leone, noted, "judge advocates are soldiers who are lawyers, whose job is to make sure soldiers don’t commit violations of the laws of armed conflict, and the soldiers appreciate it".
The Consequences of Disregarding the Laws of War
The consequences of disregarding the laws of war and rules of engagement can be severe. In the case of the incident in Iraq, the actions of Hegseth and his men may have resulted in the unnecessary killing of civilians. More broadly, the disregard for the laws of war and rules of engagement can lead to a breakdown in discipline and a lack of accountability within the military. This can have serious consequences, including the erosion of public trust in the military and the undermining of the rule of law. As Professor Crane noted, "if there’s an illegal order that goes all the way down, then all of them have committed a war crime. It’s not just a single guy in the airplane, the jet aircraft, firing those missiles at the boat. Yes, they are following an illegal order, but it goes all the way up all the way to the president".
The Mindset of the Secretary of Defense
Hegseth’s comments and actions suggest a mindset that is deeply troubling. His admiration for a former commanding officer who was reprimanded for ordering soldiers to "kill all military-age males" in a raid is particularly concerning. This approach to warfare is in direct contravention of the laws of war and rules of engagement, and raises serious concerns about the potential for war crimes. As Professor Crane noted, "this shows you the mindset of this secretary of defense: that’s the kind of person, that’s the signal they’re sending the commanders – kill them all and let God sort them out". This mindset is not only unlawful, but it is also morally reprehensible and undermines the values of the US military.
The Importance of Accountability
The importance of accountability in the military cannot be overstated. Military personnel must be held accountable for their actions, and those who commit war crimes must be prosecuted. The pardons issued by Trump to soldiers who were convicted of war crimes are a concern, as they undermine the rule of law and the accountability of military personnel. As Professor Crane noted, "the force is irritated now and embarrassed because they truly believe in separating themselves from politics, and they are America’s armed forces, not the president’s armed forces". The US military must remain committed to upholding the laws of war and rules of engagement, and to holding personnel accountable for their actions.
Conclusion
In conclusion, the controversy surrounding Pete Hegseth’s comments and actions is a serious concern. The laws of war and rules of engagement are in place to protect civilians and prevent war crimes, and military personnel must be held accountable for their actions. The mindset of the secretary of defense, as reflected in his comments and actions, is deeply troubling and raises serious concerns about the potential for war crimes. The US military must remain committed to upholding the laws of war and rules of engagement, and to holding personnel accountable for their actions. Ultimately, the rule of law and the accountability of military personnel are essential to maintaining public trust in the military and upholding the values of the US military.