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23

Exploring Humanitarian LawEDUCATION MODULES FOR YOUNG PEOPLEEHL

3Module 3The law in action

Which rules are most often violated and why?What dilemmas do combatants face?Who is responsible for respecting IHL?

International Committee of the Red Cross19, avenue de la Paix1202 Geneva, SwitzerlandT +41 22 734 60 01 F +41 22 733 20 57E-mail: [email protected] www.ehl.icrc.org© ICRC, January 2009

mailto:[email protected]

http://www.ehl.icrc.org

3EHL

Mod

ule

3: T

he

law

in a

ctio

n

Exploring Humanitarian LawMODULE 3: ThE LAw IN ACTION

EXPLORATIONS (7 sessions)

3A Identifying violations of IHL (one session) 4

3B From the perspective of combatants (two sessions) 15

3C Who is responsible for respecting IHL? (one session) 28

3D A case study: My Lai – What went wrong? What went right? (three sessions) 33

CONCEPTSViolation of IHL

Civilian/combatant distinction

Chains of consequences

Illegal order

In all modules:Human dignity

Obstacles to humanitarian behaviour

Dilemmas

Consequences

Multiple perspectives

SKILLS PRACTISEDPerspective taking

Brainstorming

Working in groups

Dilemma analysis

Identifying consequences

3Module 3The law in action

If you have limited time and are unable to work through all the explorations, we recommend that you follow at least the short pathway of explorations marked with this icon.

Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL 4

Mod

ule

3: T

he

law

in a

ctio

nIn Module 2, students explored why rules are needed to regulate armed conflict. They also learned about the basic rules of international humanitarian law (IHL) and explored the consequences for victims when these rules are violated.

In Module 3, students go on to consider why people violate IHL and who bears the responsibility for ensuring that the rules are respected.

Using statements from people involved in armed conflicts, Exploration 3A prompts students to identify violations of IHL and to reflect on the reasons given for those violations. Students trace the way in which one violation can set off a chain reaction and brainstorm ways to prevent or to limit such violations.

OBJECTIVES• tobeabletoidentifyviolationsofIHL• torecognizeexamplesofthewayinwhichoneviolationleadstoanother

STUDENT3A RESOURCES

3A.1 Voicesfromwar–23A.2 Whatarethebasicrulesofinternationalhumanitarianlaw?3A.3 Worksheet:WhichruleofIHLwasviolated?

PREPARATION

Choose which passages (from “Voices from war – 2”) to use in steps 1 and 2.

In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 5 (Role-playing), 7 (Writing and reflecting), 10 (Gathering stories and news) and the material on teaching about consequences in teaching method 4 (Using dilemmas).

If possible, view the relevant chapter of the training film for teachers (Module 3).

TIME

One 45-minute session

3AExploration 3A: Identifying violations of IHL

5Exploring Humanitarian LawExPLORATION 3A: IDENTIFYING VIOLATIONS OF IhLEHL

Mod

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n1. WHICH RULE OF IHL WAS VIOLATED? (15 minutes)

Divide the class into pairs of students, and assign two or three of the statements from “Voices from war – 2” to each pair.

Instruct the students to identify the various violations of IHL contained in each statement, using “What are the basic rules of IHL?”.

Ask them to record their answers in ‘Chart A’ on the worksheet, “Which rule of IHL was violated?”.

STUDENT3A.1 RESOURCES



Also, have students study the statements assigned to them and find the reasons that people give, or the reasons that they can imagine these people giving, for violating a particular rule.

Have the class then examine together what the various reasons or explanations given by people have in common. One way to do this might be to group similar-sounding explanations together, by category.[For example: for security, for military advantage, obeying unlawful orders from commanders, the belief that civilians are aiding the enemy, because the other side did it, for revenge, out of desperation or other emotions, lack of resources, because they did not know the law]

NOTE

The worksheet provides an example using statement #1.

2. HOW ONE VIOLATION LEADS TO ANOTHER (15 minutes)Ask the class to find statements that show a link between one violation, and another that is a consequence of it.

Have pairs of students discuss violations of IHL that lead to more violations and ask them to fill in the appropriate columns in ‘Chart B’ on the worksheet.


Have students also indicate the rules of IHL that were violated.[For example: when one side places a gun on the roof of a hospital, the other side attacks the hospital as a consequence; or one side’s killing a prisoner leading to the other side’s killing prisoners in revenge; or a captor’s cruel treatment of a prisoner that might lead to the captor then killing the prisoner or to other captors following his lead]

Have students report on the chains of consequences that they have identified.

Why do soldiers attack civilians even when they know it is wrong? They were probably told something or promised something big. They have been stimulated to do more evil. So they do not think much. What I do not understand is what happened to their human minds.– a civilian victim of soldiers’ attack

The exploration3A


Mod

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n

The exploration3A

3. CAN WE PREVENT VIOLATIONS OR LIMIT THEIR CONSEQUENCES? (10 minutes)Have the class choose one violation to work on as a group. Then have them brainstorm ways to prevent that violation or to limit its consequences.

When a list has been developed, have students evaluate their suggestions.

Possible questions:

> What consequences is each suggestion likely to have? What, in turn, would each of those consequences lead to?

> Do you think that governments and those fighting would accept your suggestions? Why or why not? How would you ensure their implementation? [For example: giving orders, training, monitoring, disciplining, punishing, making laws]

As a young officer, when I had just finished the training course for officers I was walking down a street. It was a holiday. We were five soldiers just looking around to see if everything was cool. And then in a matter of minutes we were surrounded by maybe four or five thousand people who started throwing stones. They were all very angry because someone had got hurt in a refugee camp. It was truly a danger to our lives because everyone was excited, and I had to think about how to get my soldiers out of there. I only had my gun and real bullets and I had to get my soldiers out of there so I shot, I shot only at people’s legs, but I shot ten, twelve times, to get myself out of there, and I got out of it.– a commander serving in an occupied area

4. CLOSE (5 minutes)Discuss:

> Can you think of examples from the news of situations of escalating violence?

! KEY IDEAS

• ViolationsofIHLoftensetoffachainreaction,leadingtofurtherviolations.• PeoplegivevariousreasonsfortheviolationsofIHLthattakeplace.• ThereareseveralwaystopreventviolationsofIHLandtolimittheir

consequences.


Mod

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3: T

he

law

in a

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n

Extension activities3A

COMMUNICATIONWrite a paper about the violation of international humanitarian law (IHL) that your class chose to work on as a group. In your paper evaluate some of the suggestions made by your class to prevent such violations or to limit their consequences.

OR

Make drawings to illustrate the violation.

OR

Make posters to promote the suggestions made by your class.

CHAINS OF CONSEQUENCESSelect a violation of IHL and make a diagram of the chains of consequences that the violation could create. Some consequences might result in many other chains of consequences.

Example from “Voices from war – 2”:

There are a lot of situations when soldiers changed uniforms for ordinary suits...

Initialviolation

soldiers are disguised in

civilian clothes

cannot distinguish

between combatants and

civilians

medical and humanitarian sta� become suspected

of being combatants

suspicion that other disguises

may be usedhumanitarian

work is interrupted or

stopped

the other side also targets civilians

civilians are targeted as combatants


Mod

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3: T

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n

Extension activities3A

DEBATEConduct a debate on the following statement:

A law that is often broken is better than no law at all.

Assemble two teams – one to argue in favour of the statement and one to argue against it – and a team of judges. Teams should review their class notes and other useful resources, such as books, periodicals and the news (newspapers, radio, television). Each team should prepare the following:

• afive-minutepresentation;• alistofpointsthattheythinktheotherteamwillmakeagainsttheirposition;• theirresponsestothosepoints. [The following ideas might be of help: the effect of often disrespecting laws, examples

of laws other than IHL that are often broken yet valued, the history of the acceptance of laws over time, the value of a law as an ideal, the alternatives to law]

During the time allotted for planning, a third judging team should work out the criteria for judging the debate.

Conduct the debate.

At the conclusion of the debate, the judges should summarize the points they have heard. Then they should announce their decision and give reasons for it.

Then, discuss the following questions:

> How do you think your debate applies to IHL?> Are there other examples of rules that are valued even though they are often broken? [For example: religious laws, social customs]

OR

Debate the pros and cons of this statement by a teacher in Nigeria:

Since there is a law that forbids the army from killing civilians, there should be a law that forbids civilians from helping the army.

While preparing your positions, consider the following points:

• theconsequencesofyourposition;• howtodefinewhatconstitutes‘helping’soldiers.

The law sets up dykes against the incoming tide. And the tide never goes out for long. It exerts pressure, it threatens, it breaks through at the first opportunity. Sometimes, it sweeps away the dyke. And there stands our law, violated and ineffective. That is its fate. Anyone who thinks that the only true law is one which is fully respected must be living in another world.– Denys de Béchillon, professor


Mod

ule

3: T

he

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n

STUDENTRESOURCE (1/2)3A.1

S.3AVo

ices

from

war

– 2

Peop

le in

volv

ed in

rece

nt w

ars

desc

ribe

vio

lati

ons

of in

tern

atio

nal

hum

anit

aria

n la

w (I

HL)

that

they

ha

ve e

xper

ienc

ed, w

itne

ssed

or

hear

d ab

out.

1 Th

ere

wer

e a

lot o

f situ

atio

ns in

w

hich

sold

iers

cha

nged

uni

form

s fo

r ord

inar

y su

its. H

ow co

uld

you

tell

who

was

real

ly a

civ

ilian

? So

if yo

u at

tack

a c

ity, y

ou h

ave

to k

ill

wha

teve

r mov

es.

– a

sold

ier

2 W

e en

ded

up a

ttac

king

who

le

fam

ilies

. Wha

t dro

ve u

s int

o do

ing

this

was

that

they

wer

e do

ing

the

sam

e to

our

peo

ple,

kill

ing

babi

es

as y

oung

as t

hree

mon

ths.

– a

form

er c

omba

tant

3 If

I hav

e so

me

info

rmat

ion

that

th

e ot

her p

eopl

e ar

e ki

lling

my

peop

le w

ho a

re p

rison

ers,

anyb

ody

I cap

ture

who

’s fro

m th

e ot

her s

ide,

he

’ll p

ay fo

r it.

– a

com

man

der

4 So

ldie

rs fe

lt th

at th

ey h

ad to

kill

a

priso

ner o

f war

. He

wou

ld b

e ex

cess

ba

ggag

e be

caus

e yo

u ha

ve to

brin

g al

ong

a pr

isone

r of w

ar w

here

ver

you

go. Y

ou a

re re

spon

sible

for

that

per

son,

so to

get

rid

of th

e re

spon

sibili

ty, y

ou k

ill th

e pe

rson

. –

a N

GO

wor

ker

5 An

othe

r pro

blem

is la

ck o

f pl

anni

ng, b

ecau

se w

hene

ver a

pr

ison

er is

capt

ured

, you

don

’t kn

ow w

hat t

o do

with

him

. As a

re

sult,

sold

iers

kill

ed p

rison

ers.

–

a fo

rmer

det

aine

e

6 Th

e fe

dera

l for

ces c

ould

not

ca

ptur

e th

e vi

llage

s; th

eref

ore

they

pr

even

ted

any

hum

anita

rian

aid

from

get

ting

to th

e vi

llage

s. Th

at is

th

eir s

trat

egy

- to

prom

ote

hung

er

and

star

vatio

n - a

nd it

is w

rong

. –

a fo

rmer

com

bata

nt

7 D

urin

g th

e w

ar, t

he co

mm

ande

r de

fined

our

mor

al co

de, l

ike

this:

‘N

ever

har

m th

e pe

ople

’s cr

ops.’

But

, la

ter o

n, th

e sit

uatio

n ch

ange

d.

Dur

ing

the

fight

ing,

the

mai

n po

licy

beca

me

the

dest

ruct

ion

of

the

econ

omy;

the

sold

iers

wer

e gi

ven

an o

rder

that

if th

ey co

uld

not a

chie

ve b

ig th

ings

, the

y ha

d to

att

ack

the

peop

le’s

prop

erty

. D

estr

oyin

g al

l, bur

ning

to a

shes

, w

as th

e ob

ject

ive

in fi

ghtin

g th

e en

emy.

–

a fo

rmer

com

bata

nt

8 At

tack

ing

relig

ious

site

s is j

ust p

art

of w

ar. C

omba

tant

s fee

l tha

t the

se

area

s are

sacr

ed a

reas

and

use

th

em to

hid

e fo

r she

lter.

I am

telli

ng

you,

a c

hurc

h is

not

a c

hurc

h an

y m

ore

if th

ere

are

som

e so

ldie

rs in

it.

– a

sold

ier


Mod

ule

3: T

he

law

in a

ctio

n

S.3AVo

ices

from

war

– 2


9 Th

e ar

my

shou

ld n

ot u

se c

ivili

ans

as a

livi

ng sh

ield

. But

it h

as b

een

done

in th

is w

ar ra

ther

ofte

n. F

or

exam

ple,

they

put

the

mac

hine

gun

on

the

chur

ch ro

of o

r on

top

of a

bi

g bu

ildin

g in

whi

ch c

ivili

ans w

ere

livin

g. B

ecau

se w

e w

ere

thre

aten

ed,

we

fired

at t

hose

bui

ldin

gs.

– a

form

er d

etai

nee

10 T

here

wer

e gi

rls w

ho w

ere

rape

d an

d no

w th

ey h

ave

kids

who

do

not

have

fath

ers.

This

is a

crim

e th

at

will

nev

er b

e re

solv

ed.

– a

tow

nshi

p re

side

nt

11 W

e w

ere

brie

fed

that

whe

n w

e m

oved

from

one

pla

ce to

ano

ther

, w

e sh

ould

poi

son

the

wat

er. I

t was

pa

rt o

f war

, sur

viva

l of t

he fi

ttes

t. Yo

u ar

e to

ld th

at th

ese

peop

le a

re

enem

ies,

if th

ey g

et h

old

of y

ou,

they

will

kill

you

. But

mos

t of t

he

peop

le a

re tr

appe

d; th

ey m

ay b

e ju

st in

noce

nt p

eopl

e m

ovin

g fro

m

one

plac

e to

ano

ther

. The

se p

eopl

e ha

ve n

o ho

pe, f

ood;

so it

is w

rong

to

poi

son

them

. –

a fo

rmer

com

bata

nt

12 W

hen

my b

roth

er-in

-law

was

a

priso

ner o

f war

, the

y did

not

trea

t the

pr

isone

rs p

rope

rly. T

hey a

re a

fraid

th

at so

me

day t

he p

rison

ers m

ight

te

ll wha

t was

don

e to

them

. Tha

t is

why

man

y pris

oner

s wer

e m

urde

red.

Si

mpl

y to

conc

eal t

he m

isdee

ds.

– a

wid

ow

13 D

estr

uctio

n of

relig

ious

or h

istor

ic

sites

is p

art o

f war

. Bec

ause

dur

ing

war

you

don

’t ca

re a

bout

any

thin

g;

you

wan

t to

dest

roy

anyt

hing

you

co

me

acro

ss in

ord

er to

win

the

war

. –

a fo

rmer

teac

her a

nd m

anag

er

of a

refu

gee

cam

p

14 D

enyi

ng fo

od o

r wat

er to

the

civi

lian

popu

latio

n is

a st

rate

gy in

war

. It i

s go

od th

at yo

u do

n’t a

llow

them

to

get f

ood,

you

don’

t allo

w th

em to

ge

t wat

er. I

t will

wea

ken

them

. –

a ca

ptur

ed c

omba

tant

15 I

mag

ine

ther

e is

a m

achi

ne g

un

ther

e an

d yo

u ne

ed to

take

it o

ver.

But t

he e

nem

y pu

t civ

ilian

s on

the

roof

to p

reve

nt y

ou fr

om ta

king

it.

Of c

ours

e yo

u at

tack

a m

ilita

ry

obje

ct. A

nd c

ivili

ans g

et k

illed

. –

a jo

urna

list

16 O

ne re

ason

why

sold

iers

kill

ci

vilia

ns is

that

whe

n tr

oops

suffe

r he

avy

casu

altie

s, w

hat t

hey

do is

ca

ll th

e ci

vilia

ns to

com

e an

d di

g gr

aves

for t

hem

. Afte

r the

gra

ves

have

bee

n du

g, th

e so

ldie

rs w

ill

shoo

t the

civ

ilian

s, be

caus

e it

was

th

eir p

eopl

e w

ho w

ere

resp

onsi

ble.

It

is d

one

in a

nger

. The

sold

iers

who

do

that

are

the

less

priv

ilege

d on

es,

the

illite

rate

one

s who

are

not

ed

ucat

ed a

bout

war

. –

a co

mm

ande

r

17 T

hey

gave

me

a un

iform

and

told

m

e th

at n

ow I w

as in

the

arm

y.

They

said

that

they

wou

ld co

me

back

and

kill

my

pare

nts i

f I d

idn’

t do

as t

hey

said

. –

a fo

rmer

chi

ld s

oldi

er

Sour

ce: A

dapt

ed fr

om re

sear

ch c

ondu

cted

for

the

ICRC

’s Pe

ople

On

War

cam

paig

n an

d fr

om

‘Voi

ces

of Y

oung

Sol

dier

s,’ Co

aliti

on to

Sto

p th

e U

se

of C

hild

Sol

dier

s (h

ttp:

//w

ww

.chi

ld-s

oldi

ers.o

rg/

child

sold

iers

/voi

ces-

of-y

oung

-sol

dier

s).

http://www.child-soldiers.org/childsoldiers/voices-of-young-soldiers











Mod

ule

3: T

he

law

in a

ctio

n


wha

t are

the

basi

c ru

les

of in

tern

atio

nal h

uman

itaria

n la

w?

D

ISTI

NCT

ION

Whe

n pl

anni

ng o

r ca

rryi

ng

out a

n at

tack

, dis

tinc

tion

m

ust b

e m

ade

bet

wee

n ci

vilia

ns a

nd c

omba

tant

s an

d b

etw

een

civi

lian

obje

cts

and

mili

tary

obj

ecti

ves.

1. A

ttac

king

civ

ilian

s is

pro

hibi

ted.

2. A

ttac

king

civ

ilian

obj

ects

(hou

ses,

hosp

itals

, sch

ools

, pla

ces

of

wor

ship

, cul

tura

l or h

isto

ric

mon

umen

ts, e

tc.)

is p

rohi

bite

d.

3. B

efor

e an

att

ack,

eve

ry p

ossi

ble

prec

autio

n m

ust b

e ta

ken

to

min

imiz

e th

e po

tent

ial h

arm

to

civi

lians

and

civ

ilian

obj

ects

.

4. T

he u

se o

f wea

pons

that

are

no

t abl

e to

dis

tingu

ish

betw

een

civi

lians

and

mili

tary

targ

ets

is

proh

ibite

d.

TR

EATM

ENT

Civi

lians

and

com

bata

nts

who

are

hor

s de

com

bat m

ust

be

prot

ecte

d an

d tr

eate

d hu

man

ely.

1. M

urde

r, to

rtur

e, a

nd c

ruel

or

deg

radi

ng tr

eatm

ent o

r pu

nish

men

t are

pro

hibi

ted.

2. S

exua

l vio

lenc

e is

pro

hibi

ted.

3. Fo

rced

dis

plac

emen

t of c

ivili

ans

is

proh

ibite

d.

4. S

tarv

ing

civi

lians

is p

rohi

bite

d.

5. U

sing

hum

an s

hiel

ds to

pro

tect

m

ilita

ry o

bjec

tives

is p

rohi

bite

d.

6. W

ound

ed, s

ick

or sh

ipw

reck

ed

enem

y co

mba

tant

s mus

t be

sear

ched

fo

r, co

llect

ed a

nd c

ared

for. T

here

sh

ould

be

no p

refe

rent

ial t

reat

men

t, ex

cept

on

med

ical

gro

unds

.

7. C

aptu

red

civi

lians

and

ene

my

com

bata

nts m

ust b

e gi

ven

adeq

uate

fo

od, w

ater

, clo

thin

g, sh

elte

r and

m

edic

al c

are

and

mus

t be

allo

wed

to

corr

espo

nd w

ith th

eir f

amili

es.

8. E

very

one

mus

t rec

eive

a fa

ir tr

ial.

SP

ECIF

IC P

ROTE

CTIO

N

Cert

ain

cate

gori

es o

f peo

ple

and

obje

cts

mus

t rec

eive

ad

diti

onal

pro

tect

ion.

1. R

ecru

iting

or u

sing

chi

ldre

n un

der

the

age

of 1

5 in

arm

ed c

onfli

ct is

pr

ohib

ited.

2. M

edic

al p

erso

nnel

and

faci

litie

s (h

ospi

tals

, clin

ics,

ambu

lanc

es, e

tc.)

as w

ell a

s re

ligio

us p

erso

nnel

mus

t be

resp

ecte

d an

d pr

otec

ted.

3. H

uman

itaria

n re

lief p

erso

nnel

, su

pplie

s an

d op

erat

ions

mus

t be

resp

ecte

d an

d pr

otec

ted.

4. C

ultu

ral p

rope

rty

mus

t be

resp

ecte

d an

d pr

otec

ted.

5. T

he s

peci

fic p

rote

ctio

n, h

ealth

an

d as

sist

ance

nee

ds o

f wom

en

affec

ted

by a

rmed

con

flict

mus

t be

resp

ecte

d.

W

EAPO

NS

AN

D T

ACT

ICS

The

onl

y le

giti

mat

e ob

ject

ive

of w

ar is

to w

eake

n th

e en

emy’

s m

ilita

ry fo

rces

.

1. T

he u

se o

f wea

pons

that

ca

use

unne

cess

ary

suffe

ring

is

proh

ibite

d.

2. Ta

king

hos

tage

s is

pro

hibi

ted.

3. K

illin

g or

wou

ndin

g a

surr

ende

ring

enem

y is

pro

hibi

ted.

4. O

rder

ing

or th

reat

enin

g th

at th

ere

shal

l be

no s

urvi

vors

is p

rohi

bite

d.

5. P

rete

ndin

g to

be

a ci

vilia

n w

hile

fig

htin

g is

pro

hibi

ted.

6. D

estr

oyin

g ob

ject

s ne

cess

ary

for

the

surv

ival

of c

ivili

ans

(food

stuff

s, fa

rmin

g ar

eas,

drin

king

wat

er

inst

alla

tions

, etc

.) is

pro

hibi

ted.

7. A

ttac

king

med

ical

and

relig

ious

pe

rson

nel a

nd o

bjec

ts la

wfu

lly

usin

g th

e re

d cr

oss/

red

cres

cent

/re

d cr

ysta

l em

blem

is p

rohi

bite

d.

8. M

isus

ing

the

red

cros

s/re

d cr

esce

nt/r

ed c

ryst

al e

mbl

em is

pr

ohib

ited.

S.3A


Mod

ule

3: T

he

law

in a

ctio

n


wha

t are

the

basi

c ru

les

of in

tern

atio

nal h

uman

itaria

n la

w?

civi

lian:

any

per

son

who

is n

ot a

com

bata

nt

Whe

n ci

vilia

ns ta

ke a

dire

ct p

art i

n fig

htin

g, th

ey lo

se th

eir p

rote

ctio

n fr

om

atta

ck. (

Whe

n th

ere

is a

ny d

oubt

abo

ut a

per

son’

s st

atus

, he

or s

he s

hall

be

cons

ider

ed to

be

a ci

vilia

n.)

civi

lian

obje

ct: a

ny o

bjec

t tha

t is

not a

mili

tary

obj

ecti

ve

Whe

n a

civi

lian

obje

ct is

use

d in

sup

port

of m

ilita

ry a

ctio

n, it

bec

omes

a

legi

tim

ate

mili

tary

targ

et a

nd lo

ses

its

prot

ecti

on. (

Whe

n th

ere

is a

ny

doub

t abo

ut w

heth

er a

civ

ilian

obj

ect i

s in

fact

bei

ng u

sed

in s

uppo

rt o

f m

ilita

ry a

ctio

n, it

sha

ll be

con

side

red

to b

e a

civi

lian

obje

ct.)

com

bata

nt: m

embe

r of a

rmed

forc

es, m

embe

r of a

n ar

med

gro

up u

nder

the

orde

rs o

f a p

arty

to th

e co

nflic

t

mili

tary

obj

ecti

ve: o

bjec

t whi

ch b

y it

s na

ture

, loc

atio

n, p

urpo

se o

r use

m

akes

an

effe

ctiv

e co

ntri

buti

on to

mili

tary

act

ion

and

who

se d

estr

ucti

on

offe

rs a

def

inite

mili

tary

adv

anta

ge

hors

de

com

bat:

lite

rally

mea

ns ‘o

ut o

f the

figh

t’ an

d de

scri

bes

com

bata

nts

who

hav

e be

en c

aptu

red

or w

ound

ed o

r who

are

sic

k or

shi

pwre

cked

and

th

us a

re n

o lo

nger

in a

pos

itio

n to

figh

t

prin

cipl

e of

pro

por

tion

alit

y: th

e ex

pect

ed n

umbe

r of d

eath

s or

inju

ries

to

civ

ilian

s or

dam

age

to c

ivili

an o

bjec

ts m

ust n

ot b

e ex

cess

ive

com

pare

d to

the

anti

cipa

ted

mili

tary

adv

anta

ge

DEF

INIT

ION

S

S.3A


Mod

ule

3: T

he

law

in a

ctio

n


Worksheetw

hich

rule

of I

hL

was

vio

late

d? Char

t A

Des

crib

e th

e w

rong

ful a

ctio

nIH

L vi

olat

ions

Reas

ons

Exam

ple:

Stat

emen

t #1

- Sol

dier

s pos

ed a

s civ

ilian

s; th

e en

emy

sold

iers

kill

ed

wha

teve

r mov

ed, e

ven

if th

ey w

ere

civi

lians

.

Wea

pons

and

Tact

ics 5

Dis

tinct

ion

1 To

be

able

to h

ide,

to h

ave

food

and

shel

ter,

out o

f fea

r, fo

r rea

sons

of s

ecur

ity, e

tc.

Stat

emen

t #

Stat

emen

t #

Stat

emen

t #

S.3A


Mod

ule

3: T

he

law

in a

ctio

n

WorksheetCh

art B

Wri

te d

own

one

wro

ng th

ing

that

som

eone

did

IH

L vi

olat

ions

Nam

e a

viol

atio

n th

at d

id (o

r cou

ld) f

ollo

wIH

L vi

olat

ions

Exam

ple:

Stat

emen

t #1

- Sol

dier

s pos

ed a

s civ

ilian

s.W

eapo

ns a

nd Ta

ctic

s 5Th

e en

emy

sold

iers

kill

ed a

nyon

e w

ho m

oved

, in

clud

ing

civi

lians

. The

oth

er si

de m

ight

then

at

tack

civ

ilian

s in

reve

nge

Dis

tinct

ion

1W

eapo

ns a

nd Ta

ctic

s 5

Stat

emen

t #

Stat

emen

t #

Stat

emen

t #


whi

ch ru

le o

f Ih

L w

as v

iola

ted?

S.3A

15Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL

Mod

ule

3: T

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3BIn Exploration 3A, students identified a number of violations of international humanitarian law (IHL) as well as the reasons for such violations, and then discussed how one violation can lead to others.

In Exploration 3B, they tackle dilemmas based on the actual experiences of combatants in situations typical of modern warfare. Combatants are faced with

difficult decisions, in applying the rules of war when their own safety and the safety of their fellow combatants is at risk. Many such dilemmas arise when the distinction between civilians and combatants – or between civilian objects and military objectives – is unclear. This distinction has sometimes been blurred intentionally by combatants seeking safety or advantage.

OBJECTIVES• tobeabletorecognizedilemmasthatmayariseinrespectingIHLincombatsituations• tounderstandthedifficultiesinrespectingIHLwhenthedifferencebetweencombatantsandciviliansisunclear

STUDENT3B RESOURCES

Dilemmascenarios:3B.1 NowwhatdoIdo?3B.2 ShouldIstopit?3B.3 700prisonersandlittletoliveon3B.4 Whatifshe’stellingthetruth?*3B.5 Shouldthesoldieropenfireonthevillage?*

3B.6 Dilemmaworksheet3B.7 Whatarethebasicrulesofinternational

humanitarianlaw?

PREPARATION

Choose two or more dilemmas (from “Dilemma scenarios”) to use in steps 1 and 2. Be sure to include at least one of the dilemmas marked *, which deal with difficulties in distinguishing civilians from combatants.

In the Methodology Guide, review teaching methods 1 (Discussion), 3 (“No easy answers”), 5 (Role-playing), 9 (Small groups), 10 (Gathering stories and news) and the material on teaching about consequences in teaching method 4 (Using dilemmas).

TIME

Two 45-minute sessions

Exploration 3B: From the perspective of combatants

Exploring Humanitarian LawExPLORATION 3B: FROM ThE PERSPECTIVE OF COMBATANTSEHL 16

Mod

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3B1. DILEMMAS THAT COMBATANTS MAY FACE (30 minutes)

Divide the class into small groups and assign each group a dilemma from “Dilemma scenarios.”

Each group can use copies of the “Dilemma worksheet” and of “What are the basic rules of international humanitarian law?” to note down their ideas as they work on the dilemma and to stimulate discussions.

STUDENT3B.1-5 RESOURCES

STUDENT3B.6 RESOURCES

STUDENT3B.7 RESOURCES

As they work out what action to take in light of the dilemma presented, they should keep in mind the following points:

• thevariousoptionsthatareavailable;• thepossibleconsequencesofeachaction;• whatIHLrequires;• thedifferentpeopleinvolvedandtheirpointsofview.

In addition, encourage them to consider the following points:

• howemotionsandattitudescouldinfluenceconsequences;• conditionsthatmayaffectthecombatants’choices(suchastimepressures,the

dangerousness of their surroundings and the degree of authority or influence that they have over the other people involved).

After about 15 minutes, ask the groups to choose which action to take. Ask them to write down their choice and their reasons for it. In making their choice, they should take into account the rules of IHL as well as any other pertinent considerations.

2. DILEMMA DECISIONS (25 minutes)Reconvene the class, and have one student report each group’s decision. In their reports, students should be asked to:

• statetheproblemtheyfacedintryingtorespectIHLinthesituationtheyweregiven;• indicatetheactiontheydecidedtotake;• givereasons for their choice.

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3B3. THE DISTINCTION BETWEEN CIVILIANS AND COMBATANTS (30 minutes)Ask students to reflect on the following rule:

When planning or carrying out an attack, distinction must be made between civilians and combatants and between civilian objects and military objectives.– Paraphrased from Article 48, Protocol I additional to the Geneva Conventions

Help students understand the rule by asking them to give examples of:

• peoplewhowouldbeconsideredtobeciviliansinarmedconflict;• thingsthatwouldbeconsideredtobecivilianobjectsandthingsthatwouldbe

considered to be military objectives.

Then discuss the following rule:

When there is any doubt about a person’s status, he or she shall be considered to be a civilian. Similarly, if there is any doubt about whether a civilian object is in fact being used in support of military action, it shall be considered to be a civilian object.– Paraphrased from Articles 50 and 52, Protocol I additional to the Geneva Conventions

Use examples like the following to discuss how borderline cases contribute to dilemmas that soldiers face in respecting IHL:

• awomanwhoprovidesfoodandsheltertosoldiers;• aradiostationthatbroadcastswarpropaganda;• auniversitywheresomestudentsaretrainedformilitaryservice.

Possible questions:

> What are the consequences of not knowing who is a civilian or what is a civilian object? What consequences could such ignorance or doubt have?

Explain to students that if a civilian is involved in acts that directly harm the enemy by weakening its military strength, that person looses his or her protection against attack, although only for the duration of the act in question. Make sure that students understand that even under such circumstances, civilians do not qualify as combatants.

I think the armed forces attacked civilians because they didn’t understand what it was like for civilians. Soldiers complained all the time that civilians were also guerrillas. Sometimes the soldiers thought that the people collaborated with the guerrillas. Sometimes the soldiers thought that some family perhaps gave the guerrillas some food or had joined them, so they killed the whole family for collaborating with the enemy. – a woman with a ‘disappeared’ family member

4. CLOSE (5 minutes)Discuss:

> How can combatants affect how civilians from their side are treated during armed conflict?

One day people are running up to you and hugging you, and the next day a little kid is throwing a grenade at you. What are you supposed to decide from that? What are you supposed to feel? I don’t know. – a soldier

The exploration


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3B! KEY IDEAS

• FollowingtherulesofIHLinsituationsofarmedconflictsometimescreatesdilemmas.

• Dilemmasmayresultfromthedifficultyofdistinguishingbetweencombatantsand civilians.

• Sometimespeopleblurthedistinctionintentionally,andsometimesitisblurred when fighting takes place in residential areas.

• Ifthereisanydoubtaboutthecivilianstatusofapersonoranobject,thatperson or object shall considered to be civilian.

The exploration


Mod

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nHISTORY OF CIVILIAN INVOLVEMENT IN WARFAREIn connection with your history studies, examine the role of civilians during wars. For instance:

> How has guerrilla warfare affected civilians? > How have changes in military strategy and technological advances affected the

status of civilians and the distinction that is drawn between them and combatants?

ROLE-PLAYING

Choose one of the dilemmas, and prepare a dramatization based on it. STUDENT3B.1-5 RESOURCES

In addition to the decision-maker, consider the roles listed under “Possible points of view to consider” or others you may think of.

Extension activities3B


Mod

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law

in a

ctio

n

STUDENTRESOURCE3B.1

S.3BA

lieu

tena

nt is

in c

harg

e of

a s

mal

l sq

uad

that

has

bee

n or

dere

d to

ca

ptur

e m

en a

nd m

ater

ials

from

a

disa

bled

ene

my

conv

oy o

f sm

all

boat

s. H

is s

quad

mov

es in

and

see

s a

coup

le o

f wre

cked

boa

ts. H

is s

oldi

ers

com

e un

der l

ight

fire

and

sho

ot b

ack.

Th

en s

ever

al m

en c

ome

out o

f hid

ing

alon

g th

e ca

nal b

ank

and

appr

oach

th

e lie

uten

ant w

ith th

eir h

ands

up.

H

e ca

ptur

es th

em.

Now

one

of h

is s

quad

dra

gs a

n en

emy

fight

er o

ut o

f the

can

al. A

pi

ece

of s

hrap

nel h

as s

liced

him

ope

n ac

ross

the

abdo

men

. He

is ly

ing

on

the

grou

nd w

ith h

is e

yes

clos

ed,

groa

ning

sof

tly. K

neel

ing

besi

de th

e m

an, t

he li

eute

nant

thin

ks to

him

self,

“O

h m

y G

od! N

ow w

hat d

o I d

o?”

He

coul

d ra

dio

for o

ne o

f his

ow

n m

edic

al h

elic

opte

rs to

com

e to

pic

k th

e w

ound

ed m

an u

p, b

ut h

ow s

afe

is

it fo

r his

squ

ad to

rem

ain

in th

e ar

ea?

Hav

e th

e en

emy

fight

ers

left

the

area

or

are

they

sitt

ing

just

ove

r the

re in

th

e tr

ees,

wai

ting

to ju

mp

at th

e fir

st

oppo

rtun

ity? T

he e

nem

y fig

hter

is

too

badl

y hu

rt fo

r the

squ

ad to

car

ry

him

bac

k to

bas

e.

Ther

e w

as n

o w

ay I c

ould

leav

e a

wou

nded

man

(...)

out

ther

e on

the

plai

ns to

die

, but

(...)

ther

e w

ere

only

ab

out fi

fteen

of u

s, an

d w

ith se

ven

pris

oner

s to

wat

ch, w

e w

ould

be

in re

al

trou

ble

if an

att

ack

star

ted.

Eve

ning

w

as a

ppro

achi

ng to

o. (.

..) W

e ha

d (..

.) on

ly in

divi

dual

wea

pons

and

a b

asic

lo

ad o

f am

mo

[am

mun

ition

]. W

e ha

d no

ratio

ns to

eat

, no

entr

ench

ing

tool

s w

ith w

hich

to d

ig in

, and

no

air s

uppo

rt

to ca

ll up

on in

an

emer

genc

y.

Sour

ce: D

avid

Don

ovan

, Onc

e a

War

rior K

ing:

M

emor

ies o

f an

Offi

cer i

n Vi

etna

m, M

cGra

w-H

ill,

New

Yor

k, 1

985.

Now

wha

t do

I do?

Que

stio

n: A

s th

e lie

uten

ant,

wha

t wou

ld y

ou d

o?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

oneofth

esoldiersin

thesqua

d•

thewou

nded

ene

my

•thelieuten

ant’ssup

erioro

fficer

•thehe

licop

terp

ilot

•an

ene

mysoldierinhiding

Dilemma scenario


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3B.2

Sho

uld

I sto

p it?

The

lieut

enan

t was

stan

ding

in c

hest

-hi

gh w

ater

whe

n su

dden

ly a

man

bu

rst f

rom

und

er th

e w

ater

at h

is si

de.

The

lieut

enan

t saw

two

thin

gs a

t tha

t in

stan

t: th

e w

ildne

ss in

the

man

’s ey

es

and

the

knife

clu

tche

d in

his

han

d.

Aft

er a

des

pera

te s

trug

gle

in th

e w

ater

, the

lieu

tena

nt g

ot c

ontr

ol

of th

e m

an’s

arm

and

hel

d it

until

hi

s ow

n m

en re

scue

d hi

m a

nd to

ok

the

enem

y fig

hter

pris

oner

. The

lie

uten

ant c

olla

psed

on

the

bank

.

Late

r, th

e lie

uten

ant n

otic

ed h

is

sold

iers

hud

dled

aro

und

the

capt

ured

fig

hter

. The

y w

ere

shou

ting

at h

im

and

one

was

thre

aten

ing

him

with

a

com

bat k

nife

. As t

he o

ffice

r in

char

ge,

the

lieut

enan

t hur

ried

over

to c

heck

w

hat w

as h

appe

ning

. By

the

time

he g

ot th

ere,

the

capt

ured

man

had

be

en c

ut a

cros

s the

che

st. A

serg

eant

w

as tr

ying

to c

alm

the

situ

atio

n:

Don

’t cu

t him

, o.k

.? Ju

st d

on’t

cut h

im.

We

can’

t tak

e hi

m b

ack

and

coun

t him

as

a p

rison

er if

you

cut

him

up.

So

just

pu

t the

kni

fe u

p an

d do

n’t c

ut h

im

agai

n. W

e ca

n sa

y he

got

the

scra

tch

whe

n w

e ha

uled

him

into

the

boat

, but

ca

lm d

own

and

don’

t cut

him

aga

in!

The

man

with

the

knife

relu

ctan

tly

agre

ed to

sto

p an

d to

ld th

e se

rgea

nt h

e w

as ju

st tr

ying

to s

care

th

e pr

ison

er. W

hen

the

pris

oner

co

ntin

ued

to d

eny

know

ing

anyt

hing

, the

man

pul

led

out h

is

knife

and

pre

ssed

it in

to th

e sk

in o

f th

e pr

ison

er’s

ches

t.

Sour

ce: D

avid

Don

ovan

, Onc

e a

War

rior K

ing:

M

emor

ies o

f an

Offi

cer i

n Vi

etna

m, M

cGra

w-H

ill,

New

Yor

k, 1

985.

Que

stio

n: A

s th

e lie

uten

ant,

wha

t wou

ld y

ou d

o?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

theprison

er•

thesoldierw

ieldingthekn

ife•

thesergeant

•othe

rsoldiersinth

elieuten

ant’splatoon

•hismilitarysup

eriorsbackatheadq

uarters

Dilemma scenarioS.3B


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3B.3

ICRC. All rights reserved.

700

pris

oner

s an

d lit

tle to

live

on

A s

ucce

ssfu

l bat

tle fo

ught

in th

e de

sert

, far

from

a to

wn

or h

ome

base

, was

at l

ast o

ver.

A v

icto

rious

so

ldie

r rem

embe

rs it

.

Hun

ger c

alle

d us

out

of o

ur tr

ance

. We

had

now

seve

n hu

ndre

d pr

isone

rs in

ad

ditio

n to

our

ow

n fiv

e hun

dred

men

. (..

.) W

e had

not

any

mon

ey (o

r, in

deed

, a

mar

ket);

and

the l

ast m

eal h

ad b

een

two

days

ago

. In o

ur ri

ding

cam

els w

e po

sses

sed

mea

t eno

ugh

for s

ix w

eeks

, bu

t it w

as p

oor d

iet,

and

a [c

ostly

] di

et, in

dulg

ence

in w

hich

wou

ld b

ring

futu

re im

mob

ility

upo

n us

.

Sour

ce: T

.E. L

awre

nce,

Rev

olt i

n th

e D

eser

t, G

eorg

e H

. Dor

an C

ompa

ny, N

ew Y

ork,

192

7.

Que

stio

n: W

hat s

houl

d th

e ca

ptor

s do

?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

othe

rvictorio

ussoldiers

•theprison

ers

Wor

ld W

ar I,

Bei

da B

ordj

cam

p. G

erm

an

pris

oner

s of w

ar.



Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3B.4

wha

t if s

he’s

telli

ng th

e tr

uth?

Whe

n th

e fir

ing

ceas

ed, w

e su

rrou

nded

the

bunk

er. W

e w

ere

sure

som

eone

was

still

in th

ere.

We

shou

ted

to th

em to

surr

ende

r. A

m

an a

nd tw

o w

omen

cam

e ou

t with

th

eir h

ands

up.

Insi

de th

e bu

nker

, w

e fo

und

two

dead

men

, alo

ng

with

wea

pons

and

doc

umen

ts. W

e w

ere

sure

that

the

man

and

the

two

wom

en w

ere

also

ene

my

com

bata

nts.

Thei

r bun

ker h

ad o

pene

d fir

e on

us

and

kille

d tw

o of

our

men

and

now

th

ey w

ere

capt

ured

with

wea

pons

th

at w

ere

still

hot

! My

sold

iers

felt

like

killi

ng th

em in

retu

rn. A

s the

offi

cer i

n ch

arge

, I h

ad a

har

d tim

e ca

lmin

g ou

r gu

ys d

own

to g

et th

e pr

ison

ers s

afel

y ba

ck to

our

bas

e.

Late

r, I h

ad to

sto

p m

y se

rgea

nt fr

om

abus

ing

them

dur

ing

ques

tioni

ng.

“Don

’t yo

u kn

ow a

nyth

ing

abou

t the

ru

les

of w

ar?”

I ye

lled.

He

glar

ed b

ack

at m

e. “I

was

just

tryi

ng to

sha

ke th

e tr

uth

out o

f her

”, he

sai

d. “T

hey

just

ke

ep ly

ing

and

not g

ivin

g us

one

pi

ece

of in

form

atio

n th

at w

e ne

ed.”

I kne

w th

at h

e w

as ri

ght.

We

need

ed

info

rmat

ion

from

them

, and

onc

e th

ey

wer

e se

nt o

ff to

the

pris

on c

amp,

the

oppo

rtun

ity to

get

it w

ould

be

gone

. W

e ha

d to

hav

e th

eir i

nfor

mat

ion.

The

qual

ms I

had

had

a fe

w m

inut

es b

efor

e va

nish

ed. “

Don

’t w

orry

”, I sa

id to

the

serg

eant

, “I’l

l get

the

info

rmat

ion.

”

I too

k th

e m

an o

ut b

ehin

d ou

r bu

ildin

g. H

e co

ntin

ued

his d

enia

ls.

So I

shou

ted,

“You

will

talk

or y

ou w

ill

die.”

I fir

ed a

shot

into

the

air a

nd th

en

had

him

hid

den

away

. The

n I t

ook

one

wom

an o

ut a

nd p

ress

ed m

y rifl

e m

uzzl

e to

her

fore

head

and

spok

e,

Your

bro

ther

refu

sed

to te

ll th

e tr

uth.

H

e lie

d an

d I k

illed

him

. Unl

ess y

ou te

ll th

e tr

uth,

I will

kill

you

too.

Whe

re a

re

your

frie

nds?

Whe

re d

o th

ey k

eep

th

eir w

eapo

ns?

She

clai

med

they

wer

e ju

st fi

shin

g an

d ha

d ru

n in

to th

e bu

nker

to

esca

pe fr

om th

e m

achi

ne-g

un fi

re.

Tear

s ra

n fr

om h

er e

yes

as s

he lo

oked

di

rect

ly in

to m

ine,

sw

earin

g th

at s

he

was

inno

cent

. Sud

denl

y, a

noth

er

switc

h w

ent o

ff in

side

of m

e.

We

had

caug

ht th

is w

oman

and

her

fr

iend

red-

hand

ed. G

uilt

was

writ

ten

all o

ver t

hem

– th

ey h

ad to

be

guilt

y!

But s

udde

nly

I was

n’t s

o su

re. L

ooki

ng

dow

n at

her

, wat

chin

g th

e te

ars r

oll

dow

n he

r che

eks,

I had

a g

reat

fear

th

at sh

e w

as te

lling

the

trut

h.

Sour

ce: D

avid

Don

ovan

, Onc

e a

War

rior K

ing:

M

emor

ies o

f an

Offi

cer i

n Vi

etna

m, M

cGra

w-H

ill,

New

Yor

k, 1

985.

Que

stio

n: A

s th

e lie

uten

ant,

wha

t wou

ld y

ou d

o?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

oneofth

eprison

ers

•thesergeantque

stioning

them

•asoldierw

hosefriend

waskilled

bycomba

tantswho

posed

ascivilians

•theen

emymilitarylead

ersba

ckath

eadq

uarters



Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3B.5

In th

e ea

rly m

orni

ng, a

col

umn

of

tank

s an

d pe

rson

nel c

arrie

rs m

ade

its w

ay d

own

the

road

on

the

heav

ily

popu

late

d ou

tski

rts

of th

e ci

ty. O

ne

of th

e ta

nks

in th

e co

lum

n st

oppe

d to

as

sess

the

situ

atio

n th

ey h

ad ru

shed

in

to. I

t was

diffi

cult

to d

eter

min

e w

hat w

as h

appe

ning

out

side

, giv

en

the

roar

of t

he ta

nk’s

engi

ne a

nd th

e th

ick

laye

r of d

ust i

n th

e ai

r. A

sol

dier

du

cked

insi

de th

e tu

rret

of t

he ta

nk,

sayi

ng, “

I don

’t lik

e th

e w

ay th

is lo

oks.”

A

noth

er a

nnou

nced

that

he

had

just

hea

rd re

port

s of

lots

of g

uerr

illa

fight

ers

hidi

ng in

the

area

. Out

side

, pe

ople

wer

e da

rtin

g in

to p

ositi

ons

amon

g a

clus

ter o

f vill

age

hous

es.

They

wer

e cl

early

arm

ed b

ut w

ere

not fi

ring.

Insi

de th

e ta

nk, s

omeo

ne s

hout

ed to

op

en fi

re.

Sour

ce: D

wig

ht W

. Bird

wel

l, Ke

ith W

. Nol

an,

A H

undr

ed M

iles o

f Bad

Roa

d, 1

967-

68, P

resi

dio,

Sa

n Fr

anci

sco,

198

5.

Sho

uld

the

sold

ier o

pen

fire

on th

e vi

llage

?Q

uest

ion:

As

a so

ldie

r hea

ring

that

, wha

t wou

ld y

ou d

o?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

enem

ysoldiersin

thearea

•inha

bitantsofth

earea

•othe

rsoldiersinth

etank

•thesoldier’ssup

erioro

fficers



Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3B.6

Dilemma worksheetSi

tuat

ion:

Prob

lem

:

Poss

ible

Act

ion:

Reas

ons

for c

hoos

ing

it:Re

ason

s fo

r not

cho

osin

g it:

Poss

ible

Act

ion:

Reas

ons

for c

hoos

ing

it:Re

ason

s fo

r not

cho

osin

g it:

Poss

ible

Act

ion:

Reas

ons

for c

hoos

ing

it:Re

ason

s fo

r not

cho

osin

g it:

The

acti

on w

e to

ok:

Reas

ons:

S.3B


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE (1/2)3B.7

wha

t are

the

basi

c ru

les

of in

tern

atio

nal h

uman

itaria

n la

w?

D

ISTI

NCT

ION

Whe

n pl

anni

ng o

r ca

rryi

ng

out a

n at

tack

, dis

tinc

tion

m

ust b

e m

ade

bet

wee

n ci

vilia

ns a

nd c

omba

tant

s an

d b

etw

een

civi

lian

obje

cts

and

mili

tary

obj

ecti

ves.

1. A

ttac

king

civ

ilian

s is

pro

hibi

ted.

2. A

ttac

king

civ

ilian

obj

ects

(hou

ses,

hosp

itals

, sch

ools

, pla

ces

of

wor

ship

, cul

tura

l or h

isto

ric

mon

umen

ts, e

tc.)

is p

rohi

bite

d.

3. B

efor

e an

att

ack,

eve

ry p

ossi

ble

prec

autio

n m

ust b

e ta

ken

to

min

imiz

e th

e po

tent

ial h

arm

to

civi

lians

and

civ

ilian

obj

ects

.

4. T

he u

se o

f wea

pons

that

are

no

t abl

e to

dis

tingu

ish

betw

een

civi

lians

and

mili

tary

targ

ets

is

proh

ibite

d.

TR

EATM

ENT

Civi

lians

and

com

bata

nts

who

are

hor

s de

com

bat m

ust

be

prot

ecte

d an

d tr

eate

d hu

man

ely.

1. M

urde

r, to

rtur

e, a

nd c

ruel

or

deg

radi

ng tr

eatm

ent o

r pu

nish

men

t are

pro

hibi

ted.

2. S

exua

l vio

lenc

e is

pro

hibi

ted.

3. Fo

rced

dis

plac

emen

t of c

ivili

ans

is

proh

ibite

d.

4. S

tarv

ing

civi

lians

is p

rohi

bite

d.

5. U

sing

hum

an s

hiel

ds to

pro

tect

m

ilita

ry o

bjec

tives

is p

rohi

bite

d.

6. W

ound

ed, s

ick

or sh

ipw

reck

ed

enem

y co

mba

tant

s mus

t be

sear

ched

fo

r, co

llect

ed a

nd c

ared

for. T

here

sh

ould

be

no p

refe

rent

ial t

reat

men

t, ex

cept

on

med

ical

gro

unds

.

7. C

aptu

red

civi

lians

and

ene

my

com

bata

nts m

ust b

e gi

ven

adeq

uate

fo

od, w

ater

, clo

thin

g, sh

elte

r and

m

edic

al c

are

and

mus

t be

allo

wed

to

corr

espo

nd w

ith th

eir f

amili

es.

8. E

very

one

mus

t rec

eive

a fa

ir tr

ial.

SP

ECIF

IC P

ROTE

CTIO

N

Cert

ain

cate

gori

es o

f peo

ple

and

obje

cts

mus

t rec

eive

ad

diti

onal

pro

tect

ion.

1. R

ecru

iting

or u

sing

chi

ldre

n un

der

the

age

of 1

5 in

arm

ed c

onfli

ct is

pr

ohib

ited.

2. M

edic

al p

erso

nnel

and

faci

litie

s (h

ospi

tals

, clin

ics,

ambu

lanc

es, e

tc.)

as w

ell a

s re

ligio

us p

erso

nnel

mus

t be

resp

ecte

d an

d pr

otec

ted.

3. H

uman

itaria

n re

lief p

erso

nnel

, su

pplie

s an

d op

erat

ions

mus

t be

resp

ecte

d an

d pr

otec

ted.

4. C

ultu

ral p

rope

rty

mus

t be

resp

ecte

d an

d pr

otec

ted.

5. T

he s

peci

fic p

rote

ctio

n, h

ealth

an

d as

sist

ance

nee

ds o

f wom

en

affec

ted

by a

rmed

con

flict

mus

t be

resp

ecte

d.

W

EAPO

NS

AN

D T

ACT

ICS

The

onl

y le

giti

mat

e ob

ject

ive

of w

ar is

to w

eake

n th

e en

emy’

s m

ilita

ry fo

rces

.

1. T

he u

se o

f wea

pons

that

ca

use

unne

cess

ary

suffe

ring

is

proh

ibite

d.

2. Ta

king

hos

tage

s is

pro

hibi

ted.

3. K

illin

g or

wou

ndin

g a

surr

ende

ring

enem

y is

pro

hibi

ted.

4. O

rder

ing

or th

reat

enin

g th

at th

ere

shal

l be

no s

urvi

vors

is p

rohi

bite

d.

5. P

rete

ndin

g to

be

a ci

vilia

n w

hile

fig

htin

g is

pro

hibi

ted.

6. D

estr

oyin

g ob

ject

s ne

cess

ary

for

the

surv

ival

of c

ivili

ans

(food

stuff

s, fa

rmin

g ar

eas,

drin

king

wat

er

inst

alla

tions

, etc

.) is

pro

hibi

ted.

7. A

ttac

king

med

ical

and

relig

ious

pe

rson

nel a

nd o

bjec

ts la

wfu

lly

usin

g th

e re

d cr

oss/

red

cres

cent

/re

d cr

ysta

l em

blem

is p

rohi

bite

d.

8. M

isus

ing

the

red

cros

s/re

d cr

esce

nt/r

ed c

ryst

al e

mbl

em is

pr

ohib

ited.

S.3B


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE (2/2)3B.7

wha

t are

the

basi

c ru

les

of in

tern

atio

nal h

uman

itaria

n la

w?

civi

lian:

any

per

son

who

is n

ot a

com

bata

nt

Whe

n ci

vilia

ns ta

ke a

dire

ct p

art i

n fig

htin

g, th

ey lo

se th

eir p

rote

ctio

n fr

om

atta

ck. (

Whe

n th

ere

is a

ny d

oubt

abo

ut a

per

son’

s st

atus

, he

or s

he s

hall

be

cons

ider

ed to

be

a ci

vilia

n.)

civi

lian

obje

ct: a

ny o

bjec

t tha

t is

not a

mili

tary

obj

ecti

ve

Whe

n a

civi

lian

obje

ct is

use

d in

sup

port

of m

ilita

ry a

ctio

n, it

bec

omes

a

legi

tim

ate

mili

tary

targ

et a

nd lo

ses

its

prot

ecti

on. (

Whe

n th

ere

is a

ny

doub

t abo

ut w

heth

er a

civ

ilian

obj

ect i

s in

fact

bei

ng u

sed

in s

uppo

rt o

f m

ilita

ry a

ctio

n, it

sha

ll be

con

side

red

to b

e a

civi

lian

obje

ct.)

com

bata

nt: m

embe

r of a

rmed

forc

es, m

embe

r of a

n ar

med

gro

up u

nder

the

orde

rs o

f a p

arty

to th

e co

nflic

t

mili

tary

obj

ecti

ve: o

bjec

t whi

ch b

y it

s na

ture

, loc

atio

n, p

urpo

se o

r use

m

akes

an

effe

ctiv

e co

ntri

buti

on to

mili

tary

act

ion

and

who

se d

estr

ucti

on

offe

rs a

def

inite

mili

tary

adv

anta

ge

hors

de

com

bat:

lite

rally

mea

ns ‘o

ut o

f the

figh

t’ an

d de

scri

bes

com

bata

nts

who

hav

e be

en c

aptu

red

or w

ound

ed o

r who

are

sic

k or

shi

pwre

cked

and

th

us a

re n

o lo

nger

in a

pos

itio

n to

figh

t

prin

cipl

e of

pro

por

tion

alit

y: th

e ex

pect

ed n

umbe

r of d

eath

s or

inju

ries

to

civ

ilian

s or

dam

age

to c

ivili

an o

bjec

ts m

ust n

ot b

e ex

cess

ive

com

pare

d to

the

anti

cipa

ted

mili

tary

adv

anta

ge

DEF

INIT

ION

S

S.3B

Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL 28

Mod

ule

3: T

he

law

in a

ctio

nIn Exploration 3A, students identified violations of international humanitarian law (IHL) and considered why combatants violate the law and how one violation may lead to another. Exploration 3B focused on dilemmas, which included the difficulty in distinguishing between civilians and combatants – and between civilian objects and military objectives – on the battlefield.

In Exploration 3C, students explore the responsibilities of various people for making sure that IHL is respected.

OBJECTIVES• tounderstandwhoisresponsibleformakingsurethattherulesofIHLarerespected• toidentifyhowthisresponsibilityisfulfilled

STUDENT3C RESOURCES

3C.1 WhoisresponsibleforrespectingIHL?

PREPARATION

In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 7 (Writing and reflecting) and 9 (Small groups).

TIME

One 45-minute session

3CExploration 3C: Who is responsible for respecting IHL?

29Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL

Mod

ule

3: T

he

law

in a

ctio

n1. ARE RULES ENOUGH? (5 minutes)Begin with brainstorming a list of ideas in response to the following question:

> What would help combatants follow the rules? [For example: knowledge of the rules, training in the rules, commanders who do not

give unlawful orders and who set a good example, logistical support for respecting the rules, knowledge that violations are prohibited and will be punished]

Then, for each idea in the list, ask them to say who they think is responsible for providing it.

2. RESPONSIBILITY FOR RESPECTING THE RULES (30 minutes)

Divide the class into three groups, and have students read and discuss “Who is responsible for respecting IHL?”.

STUDENT3C.1 RESOURCES

To help them, assign each group one of the following tasks:

• Listtheresponsibilitiesofcommandingofficers;• Listtheresponsibilitiesofsoldiers;• Listtheresponsibilitiesofgovernments.

Tell students to use the questions under each commanding officer’s statement to stimulate their discussions.

Reconvene the class to report on the groups’ findings.

Review the ideas they had before reading “Who is responsible for respecting IHL?”. Ask what they think now.

You might draw upon the following summary of some key points made by these three commanding officers.

Commanding officer 1: Failure to uphold the basic principles of IHL would hurt our cause and have serious consequences.

KEY CONCEPTSmeans and ends, credibility of a cause, self-interest, public opinion, image

Commanding officer 2: We have to take into account all the humanitarian issues when we draw up our operational orders during a war.

KEY CONCEPTSmilitary planning, prisoners, medical care for enemy wounded, compliance with the rules

Commanding officer 3: Commanders are responsible for seeing that the rules are obeyed, and that requires training and firm discipline.

KEY CONCEPTSimplementation, responsibility, training, discipline

3CThe exploration


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nAsk students to share their views on the various discussion points brought up in the commanding officers’ statements.

Possible questions:

> Can you think of ways in which these commanding officers’ ideas might be applied to people’s behaviour in civilian life?

> Can you think of examples of good and bad leadership?> What if a soldier is given an order that violates IHL?

The last one is a complex question that will be taken up in later activities. Nevertheless, make sure students know that such orders are unlawful and that soldiers have an obligation not to follow any order that violates IHL.

3. CLOSE (10 minutes)Have students reflect on the following statements from commanders to generate a discussion:

Combat is a last resort. Without humanitarian law, there is no light in the tunnel.

Possible questions:

> What does he mean by “no light in the tunnel”? Why does it matter?

If you allow your enemy to lose with dignity, they do not feel that they have to fight to the last man. That is what the rules are about.

Possible question:

> How does allowing your enemy to lose with dignity contribute to the restoration of peace? Does this idea apply to quarrels or conflicts in everyday life? If so, how? If not, why not?

! KEY IDEAS

• ForIHLtoberespected,manypeoplehavedifferentresponsibilitiestofulfil;although a single person can violate IHL, it takes the combined efforts of government officials, commanding officers and individual soldiers to ensure that IHL is respected.

3CThe exploration

31Exploring Humanitarian LawExPLORATION 3C: whO IS RESPONSIBLE FOR RESPECTING IhL?EHL

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nAN ESSAY Review what you have learned in Modules 2 and 3, and write a paragraph or essay in response to the following question:

> Why do governments and those fighting agree to respect the rules of international humanitarian law (IHL)?

A COMBATANT’S HANDBOOK Create a small handbook containing some of the basic rules of IHL that you think combatants should carry with them. Illustrate it with simple drawings.

3CExtension activities


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ule

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n

STUDENTRESOURCE3C.1

S.3C

COM

MA

ND

ING

OFF

ICER

1

(EL

SALV

AD

OR)

We

taug

ht o

ur tr

oops

to u

phol

d th

ese

basic

prin

cipl

es a

nd to

ok

stric

t disc

iplin

ary

mea

sure

s aga

inst

th

ose

who

did

not

. We

knew

that

an

y fa

ilure

to d

o so

wou

ld h

urt o

ur

caus

e. If

I, a

s com

man

der,

mad

e su

ch a

mist

ake,

it w

ould

obv

ious

ly

have

serio

us co

nseq

uenc

es. W

e in

siste

d th

at a

ll ou

r tro

ops c

ompl

y w

ith th

e ru

les n

o m

atte

r how

di

fficu

lt th

e ci

rcum

stan

ces.

Que

stio

ns:

> H

ow c

ould

failu

re to

uph

old

IHL

hurt

a fi

ghte

r’s c

ause

?>

Can

the

‘end

s’ be

acc

epta

ble

whe

n th

e ‘m

eans

’ are

not

? W

hy o

r why

not

?>

Can

the

goal

s of

mili

tary

le

ader

s be

dis

cred

ited

by

thei

r sol

dier

s’ ac

tion

s?

The

prim

ary

resp

onsib

ility

for w

hat g

oes o

n du

ring

arm

ed co

nflic

t res

ts w

ith

com

bata

nts a

nd th

eir c

omm

andi

ng o

ffice

rs –

thos

e w

ho a

re d

oing

the

fight

ing.

Th

e m

ilitar

y is

resp

onsib

le fo

r mon

itorin

g re

spec

t for

the

rule

s of i

nter

natio

nal

hum

anita

rian

law

(IH

L) a

nd fo

r pun

ishin

g th

ose

who

vio

late

them

. Gov

ernm

ents

also

pl

ay a

n im

port

ant r

ole

in m

akin

g su

re th

at th

e ru

les o

f IH

L ar

e re

spec

ted.

They

are

requ

ired

to e

nsur

e th

at co

mba

tant

s and

civi

lians

alik

e ar

e fa

milia

r with

the

rule

s of

IHL

and

that

com

bata

nts r

ecei

ve th

e ap

prop

riate

trai

ning

. The

y m

ust a

lso e

nact

the

nece

ssar

y la

ws t

o pr

even

t vio

latio

ns o

f IH

L an

d to

pun

ish th

ose

who

do

viol

ate

IHL.

Refle

ct o

n th

e vi

ews o

f the

se c

omm

andi

ng o

ffice

rs fr

om th

ree

diffe

rent

co

ntin

ents

.

COM

MA

ND

ING

OFF

ICER

2

(JO

RDA

N)

Whe

n w

e go

into

bat

tle th

ere

is a

pape

r tha

t con

tain

s all t

he

oper

atio

nal o

rder

s. An

d w

e hav

e to

inclu

de a

ll asp

ects

rela

ted

to

hum

anita

rian

law

in o

ur o

rder

s. Th

at

inclu

des p

rison

ers o

f war

, for i

nsta

nce

– w

here

to ev

acua

te th

em to

, how

to

treat

them

, wha

t to

take

from

them

, ho

w to

evac

uate

the w

ound

ed, a

nd

so o

n. So

we h

ave a

ll the

se th

ings

in

our o

pera

tiona

l ord

ers.

Que

stio

ns:

> W

hy is

it im

port

ant t

hat

com

man

ding

offi

cers

incl

ude

hum

anit

aria

n re

quir

emen

ts

in th

eir p

lans

for m

ilita

ry

oper

atio

ns?

> W

hat a

re s

ome

exam

ples

of

suc

h hu

man

itar

ian

requ

irem

ents

?

who

is re

spon

sibl

e fo

r res

pect

ing

IhL?

COM

MA

ND

ING

OFF

ICER

3

(ZIM

BA

BWE)

Dur

ing

war

, the

peo

ple

who

are

resp

onsi

ble

for s

eein

g th

at th

e ru

les a

re

follo

wed

are

the

seni

or o

ffice

rs. T

hey

are

resp

onsi

ble

for s

eein

g th

at th

e ru

les

are

obse

rved

and

resp

ecte

d, b

y tr

aini

ng a

nd b

y fir

m d

isci

plin

e. T

he o

rdin

ary

sold

iers

, if t

hey

are

corr

ectly

trai

ned,

if th

eir m

oral

e is

hig

h, a

nd th

eir d

isci

plin

e is

goo

d –

yes,

they

will

kill

civ

ilian

s, be

caus

e th

at is

a fa

ct o

f life

in w

ar. B

ut, i

t is

the

cont

rol e

xerc

ised

by

juni

or o

ffice

rs th

at st

ops i

t fro

m tu

rnin

g in

to w

anto

n m

assa

cre.

If y

our c

omm

andi

ng o

ffice

rs d

o no

t und

erst

and

the

rule

s, if

they

do

not a

pply

the

rule

s, an

d do

not

insi

st o

n so

ldie

rs m

aint

aini

ng st

anda

rds w

ith

rega

rd to

thos

e ru

les,

you

have

not

hing

but

a ra

bble

on

the

batt

lefie

ld, l

ike

a pa

ck o

f wild

ani

mal

s.

The

best

com

man

ders

hav

e th

e be

st so

ldie

rs. I

t’s n

ot ‘t

he b

est s

oldi

ers h

ave

the

best

com

man

ders

.’ I ca

n gi

ve y

ou th

e be

st so

ldie

rs in

the

wor

ld a

nd y

ou

can

put a

blo

ody

fool

with

them

and

they

’ll b

e a

rabb

le in

a w

eek.

But

I can

pu

t a v

ery

good

com

man

der w

ith u

sele

ss so

ldie

rs a

nd th

ey w

ill st

art

impr

ovin

g w

ithin

a d

ay.

Que

stio

ns:

> W

hat a

re h

is re

ason

s fo

r say

ing

that

trai

ning

and

firm

dis

cipl

ine

are

need

ed?

> W

hy is

the

beha

viou

r of c

omm

andi

ng o

ffice

rs im

port

ant?

33Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL

Mod

ule

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n

3DExploration 3D: A case study:My Lai – What went wrong? What went right?

Exploration 3C introduced the subject of respect for international humanitarian law (IHL) during combat.

Exploration 3D presents a historical instance of soldiers committing a series of serious violations of IHL. Students examine this episode in the light of what they have learned in the preceding explorations. They trace

what went wrong and what went right in applying the rules of IHL in this particular case. They study the various factors that may have played a part in the incident, the dilemmas the soldiers faced and their different responses to them.

OBJECTIVES• tolearnaboutsomeofthefactorsthatcouldleadtoseriousviolationsofIHL• toidentifyarangeofdilemmassoldiersmayfaceinmakingthe‘right’choiceonthebattlefield• torecognizethedifferingresponsibilitiesofcommandingofficersandordinarysoldiersforviolationsofIHL

STUDENT3D RESOURCES

3D.1 AttackonMyLai–Background3D.2 Profilecards3D.3 ImmediatechainofcommandatMyLai3D.4 Pocketcard3D.5 WhathappenedatMyLai3D.6 Videoandtranscript:What we did at

My Lai(18’) DVD

3D.7 Whathappenedcards3D.8 Whatshouldhappennext?3D.9 Alettertorevealthetruth3D.10Dilemmascenario:Therewasnomercy

PREPARATION

Prepare enough copies of the “Profile cards” and “What happened cards” so that each student has a pair of matching cards.

In the Methodology Guide review teaching methods 1 (Discussion), 3 (“No easy answers”), 4 (Using dilemmas), 6 (Using stories, photos and videos), 7 (Writing and reflecting) and 10 (Gathering stories and news) and workshop 7 (“Using case studies: My Lai: What went wrong? What went right?”).

TIME

Three 45-minute sessions

Exploring Humanitarian LawExPLORATION 3D: A CASE STUDY: MY LAI – whAT wENT wRONG? whAT wENT RIGhT?EHL 34

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ule

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3D1. BEING THERE (15 minutes)Explain to students that this case study takes them back to 1968, to the thick of the war in Viet Nam.

Present “Attack on My Lai – Background,” and then conduct a discussion on it. STUDENT3D.1 RESOURCES

Possible questions:

> At this point, what do you know about the soldiers in Charlie Company?> What do you know about their assignment for the next day?> What might have been these soldiers’ thoughts and feelings as they listened to the

plans for the next day? Why?

Give every student one of the twelve “Profile cards” so that each of them can learn something about one of the soldiers described and his feelings on the night of 15 March in 1968. (Use “Immediate chain of command at My Lai” to help students understand the references in their “Profile cards.”)

STUDENT3D.2 RESOURCES


2. HOW THE SOLDIERS PREPARED (30 minutes)

Ask students to think about the night before the attack from the perspective of the soldiers on their “Profile cards.”


Give them time to explore their sense of the situation in which these soldiers found themselves and to write down their responses to the two questions at the end of their cards.

Then have each student discuss his or her ideas with a partner who has the same “Profile card.”

After about ten minutes, conduct a discussion on the soldiers’ thoughts on the night before the attack on My Lai.

Present the “Pocket card” that was given to all American soldiers in Viet Nam, and discuss its content and purpose.


Possible questions:

> How does this card relate to what soldiers will do the next day?> What other guidance do you think soldiers should have been given regarding their

behaviour in combat?

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3D3. HOW THE SOLDIERS COPED (55 minutes)

Have students read “What happened at My Lai.”

Then present the video What we did at My Lai. STUDENT

3D.5 RESOURCES


The video shows what happened at My Lai through the recollections of eight of the soldiers who were involved. Students will learn about how these soldiers regarded civilians, the impact on them of the orders they were given, the loss of self-control and the choices that the soldiers made. They will also hear how the soldiers were trained for combat (accompanied by pictures of soldiers being trained some 30 years later).

After the viewing, explore what happened at My Lai and students’ reactions to it.

NOTE

The video presents five themes. During each segment (theme), the participants reflect on what happened and their involvement in related events. (In the transcript, these five segments are marked by a row of dots.)

1. training, (voice of Hodges)2. us, the enemy, and determining who the enemy is (Widmer, Bernhardt, Simpson)3. loss of self-control, moral confusion, meaning of orders (Bernhardt, Hodges, Widmer)4. choices soldiers made (Simpson, Widmer, Hodges, Stanley, Haeberle)5. bystanders (Thompson, Colburn, Haeberle)

Discuss:

• theenormityofthetragedyforthevictims;• thesoldiers’stateofmindpriortotheoperationon16March;• thefactorsinfluencingthesoldiers’behaviour;• thedifficultiesindistinguishingbetweencombatantsandcivilians;• theresponsibilitiesofcommandingofficers;• theresponsibilitiesofordinarysoldiersfortheirownactions;• howIHLandtheinstructionsonthe“Pocketcard”relatetotheoperationatMyLai(itsplanninganditsexecution);

• theeffectofthetragedyonthesoldiersthemselves.

NOTE

If time allows, replay some segments for discussion. The transcript can be useful for reviewing what the men said about their experiences at My Lai.

Distribute the “What happened cards.” Each student should receive the card that matches the “Profile card” that he or she was given earlier.


Ask them to compare their answers to the questions on the “Profile cards” with what they now know from the video and the “What happened cards.”

The exploration


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3DPossible questions:

> Why do you think these soldiers did these terrible things? [For example, lack of proper military training in IHL, perceptions of the enemy, obeying

orders, prior experiences as victims, peer pressure, thinking that ‘the end justifies the means,’ the information they were given that My Lai was a Viet Cong (VC) stronghold, assuming that VC mingled with civilians]

> Why did some soldiers refuse to take part in the massacre?> What difference, positive or negative, could a bystander make?> Why is obedience important while fighting a war?> Should soldiers follow even unlawful orders?> What do you think soldiers should do when they are uncertain whether the enemy

before them is a civilian or a combatant?> How might the soldiers have been affected by what they did at My Lai?> How can tragedies like this one be prevented?

There are only a few people who were in those circumstances who had the presence of mind and the strength of their own character to see themselves through those circumstances. Most didn’t – even people I knew. I was stunned to discover that they made the wrong choice. They have to live with it. So do I, so do we all.– Ron Ridenhour, Viet Nam veteran

4. WHAT WENT WRONG? WHAT WENT RIGHT? (15 minutes)Have students tell the class what the soldiers on their cards did. Make a list of these actions and display it where all can see.

Then ask students to suggest which actions are examples of ‘what went right’ and which represent ‘what went wrong.’ Mark the former with + signs and the latter with – signs. Have students give reasons for their opinions.

The most fundamental problem we must address when dealing with any war crime is the profound fear of death that soldiers experience. In order to overcome fear during war, people tend to rely upon violence, which in turn degrades their morals and manifests itself as an outbreak of brutality.– Professor Yuki Tanaka, Hiroshima Peace Institute

5. WHAT SHOULD HAPPEN NEXT? (15 minutes)

Ask students to read “What should happen next?” and to think about what the soldiers on their cards thought and felt on the night of 16 March 1968. Then have them write down their responses to the question on their “What happened cards.”



Discuss:

• whatstudentswrotedown;• whattheythinksoldiersandcommandingofficersshoulddoandwhy;• whattheythinkabouttheresponsibilityofasoldierwhofollowsunlawfulorders;• whattheythinkabouttheresponsibilityofacommandingofficerwhogives

unlawfulorders;• whattheythinkabouttheresponsibilityofacommandingofficerwhoknewor

should have known that atrocities would be committed but failed to prevent them.

The exploration


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3D6. CLOSE (5 minutes)

Present “A letter to reveal the truth,” and discuss the role of outsiders in uncovering the truth and in determining who was responsible and for what.


Possible questions:

> Who is responsible for reporting violations of IHL?> Why did Ron Ridenhour, a soldier who wasn’t even at My Lai, do what he did?

Our generals, I obey when their command is righteous, but when evil, I shall not obey, and here, as in Troy, I shall show my nature free to fight my enemy with honour.– the Greek hero Achilles, in Euripides’s Iphigeneia in Aulis

! KEY IDEAS

• Distinguishingbetweenciviliansandmilitarytargetsisfundamental in implementing IHL.

• Commandersmustnotgive,andordinarysoldiersmustnotobey, unlawful orders.

• RespectingandensuringrespectforIHListheobligationofallthose involved in fighting.

The exploration


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3DPSYCHOLOGY OF ATROCITIESChoose an incident from history. Read American psychiatrist William Gault’s analysis of the various perceptions and factors that may lead to the commission of atrocities, and then apply it to the incident you chose.

1. The enemy is everywhere (Overwrought soldiers see threats looming everywhere around them.)

2. The enemy is not human (Using derogatory terms for the enemy reflects this tendency to dehumanize them.)

3. No personal responsibility (Being part of a unit and following orders can mean shared responsibility is no

one’s responsibility.)

4. Pressure to act (Combat units that not fight become restless especially when mines and

snipers cause casualties. The frantic soldier is driven to mindless revenge.)

5. The urge to dominate in violent personalities (Brutal war suits the character of such men, where their actions are often

admired and they gain leadership.)

6. Firepower (The lightweight M-16 shoots ten bullets a second. A terrified or angry soldier

can just point his rifle in the enemy’s general direction and open up a torrent of destruction.)

– William Gault, Some Remarks on Slaughter

WHO IS GUILTY? A DEBATEPrepare for and take part in a debate on the following proposition:

People who do not speak out when they know that a war crime has been committed are accomplices in the crime.

RESEARCHFind examples of atrocities that have been committed in your country, or by members of the armed forces of your country or by other armed groups.

If such examples are not available, search for them in the history of another country. Write a report comparing what you have discovered with what happened at My Lai.

Extension activities


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n

3DENFORCEMENT DILEMMAS

With a partner or in a small group, work on the dilemma scenario “There was no mercy.”


Complete Part A before reading Part B. Before making your decision, consider each point of view, the various kinds of pressure affecting the situation and the possible consequences – both immediate and long-term.

Then read Part B, and respond to the question at the end.

DILEMMA: RESPONSIBILITY FOR ACTS COMMITTED UNDER PRESSURE OR ORDERSWrite about your experience, or exchange stories with a classmate about the following questions:

> Have you ever been asked to do something you felt was wrong, but you did it anyway because you felt pressure? How did you feel afterwards, and what were the consequences of the actions taken?

OR

Find a news story where someone acted on orders from an authority, while knowing it was wrong to do so. Examine the chain of consequences from that event.

Extension activities


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STUDENTRESOURCE3D.1

S.3DCh

arlie

Com

pany

(C C

ompa

ny) a

rriv

ed

in V

iet N

am in

Dec

embe

r 196

7. It

was

as

sign

ed to

Qua

ng N

gai P

rovi

nce,

w

hich

US

mili

tary

offi

cial

s con

side

red

to b

e a

Viet

Con

g (V

C) st

rong

hold

. Its

m

issi

on w

as to

rid

the

area

, inc

ludi

ng

the

villa

ge o

f My

Lai,

of th

e VC

. One

of

the

tact

ics e

mpl

oyed

by

the

VC w

as to

m

ingl

e w

ith c

ivili

ans.

The

120

men

of C

Com

pany

cam

e fr

om a

ll ov

er A

mer

ica.

The

ir av

erag

e ag

e w

as 2

0. T

heir

mili

tary

trai

ning

ha

d in

clud

ed o

ne h

our o

f ins

truc

tion

on th

e rig

hts

of p

rison

ers.

Each

so

ldie

r was

als

o gi

ven

a Po

cket

car

d th

at c

onta

ined

inst

ruct

ions

on

the

trea

tmen

t of p

rison

ers:

“The

ene

my

in y

our h

ands

.” In

the

thre

e m

onth

s si

nce

thei

r arr

ival

in V

iet N

am, fi

ve

mem

bers

of t

he c

ompa

ny h

ad b

een

kille

d an

d 28

wou

nded

.

On

14 M

arch

196

8, a

boo

by-t

rap

kille

d a

popu

lar s

erge

ant,

blin

ded

anot

her

sold

ier a

nd w

ound

ed se

vera

l oth

ers.

Feel

ings

of r

even

ge m

ust s

urel

y ha

ve

been

runn

ing

high

on

the

even

ing

of

15 M

arch

whe

n, fo

llow

ing

the

fune

ral

serv

ice,

the

com

man

ding

offi

cer o

f C

Com

pany

, Cap

t. Er

nest

Med

ina,

ga

ve th

e so

ldie

rs a

pep

talk

and

in

stru

ctio

ns fo

r the

nex

t day

’s m

issi

on.

The

com

pany

wou

ld b

e co

nduc

ting

alarge-scaleassault;theirjob

wasto

en

gage

the

VC’s

48th

Bat

talio

n an

d to

de

stro

y th

e vi

llage

of M

y La

i.

Exac

tly w

hat C

apt.

Med

ina

said

on

that

occ

asio

n ha

s be

en th

e su

bjec

t of

muc

h de

bate

. He

rem

embe

rs h

is

wor

ds li

ke th

is: “

I did

not

giv

e an

y in

stru

ctio

ns a

s to

wha

t to

do w

ith

wom

en a

nd c

hild

ren

in th

e vi

llage

.” So

me

of th

e so

ldie

rs a

gree

that

this

w

as th

e ca

se. O

ther

s ar

e co

nvin

ced

that

Med

ina

orde

red

them

to k

ill

ever

yone

in th

e vi

llage

.

Att

ack

on M

y La

i – B

ackg

roun

d

ANDA

MAN

SEA

SOUT

H

CH

INA

S

EA

LAOS

CAM

BODI

A

NORT

HVI

ET N

AM

CHIN

A

THAI

LAND

SOUT

HVI

ET N

AM

In 1

968

My L

ai


Mod

ule

3: T

he

law

in a

ctio

n

S.3D"

PRO

FILE

Mic

hael

Ber

nhar

dt

Bern

hard

t was

a 2

4-ye

ar-o

ld w

ho h

ad o

ne

of th

e m

ost d

ange

rous

jobs

in th

e ar

my.

He

was

a ‘t

unne

l rat

.’ The

ene

my

used

a s

yste

m o

f un

derg

roun

d tu

nnel

s to

mov

e a

lot o

f mat

eria

l. ‘T

unne

l rat

s’ w

ere

need

ed to

sea

rch

thes

e tu

nnel

s, w

hich

wer

e bo

oby-

trap

ped.

Alth

ough

he

had

enlis

ted

volu

ntar

ily, B

ernh

ardt

ha

d a

way

of q

uest

ioni

ng a

utho

rity

that

had

ca

used

run-

ins w

ith su

perio

rs. H

e w

as a

lso

fond

of

writ

ing

lett

ers o

f com

plai

nt to

US

Cong

ress

men

in

Was

hing

ton

abou

t wha

t was

wro

ng w

ith th

e U

S Ar

my.

In Ja

nuar

y an

d Fe

brua

ry, h

e ha

d be

com

e di

stur

bed

by h

ow h

e sa

w th

e m

en in

Cha

rlie

Com

pany

trea

ting

thei

r cap

tives

.

Bern

hard

t: W

hen

I saw

act

s tha

t wou

ld b

e ca

lled

atro

citie

s if s

omeb

ody

else

had

don

e th

em, I

bega

n to

thin

k th

at m

aybe

I was

wro

ng (.

..) m

aybe

that

this

is th

e w

ay th

ings

real

ly w

ere.

I trie

d no

t to

thin

k lik

e th

at. I

trie

d to

kee

p m

y ow

n va

lues

toge

ther

, but

it

was

not

eas

y. Li

ttle

by

little

, I be

gan

to se

e th

at th

is gr

oup

of m

en w

as g

ettin

g ou

t of c

ontr

ol.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

Lieu

tena

nt W

illia

m C

alle

y Lt

Cal

ley

was

the

com

man

ding

offi

cer o

f Cha

rlie

Com

pany

’s 1s

t Pla

toon

. He

was

24

year

s ol

d an

d th

e so

ldie

rs u

nder

his

com

man

d re

ferr

ed to

him

as

“as

a ki

d tr

ying

to p

lay

war

.” His

att

itude

tow

ards

th

e Vi

etna

mes

e w

as s

umm

ed u

p by

a s

oldi

er w

ho

said

that

if C

alle

y’s

men

“wan

ted

to d

o so

met

hing

w

rong

, it w

as a

ll rig

ht w

ith h

im.”

He

rem

embe

red

Capt

. Med

ina’s

brie

fing

like

this

:

Calle

y: H

e sa

id it

was

com

plet

ely

esse

ntia

l tha

t at

no

time

[sho

uld]

we

lose

our

mom

entu

m o

f at

tack

, bec

ause

the

two

othe

r com

pani

es th

at h

ad

assa

ulte

d th

e tim

e in

ther

e be

fore

, had

let t

he e

nem

y be

hind

him

(...)

whi

ch w

ould

dis

orga

nize

him

whe

n he

mad

e th

e fin

al a

ssau

lt. (.

..) S

o it

was

our

job

this

tim

e to

go

thro

ugh,

neu

tral

ize

thes

e vi

llage

s by

dest

royi

ng e

very

thin

g in

them

, not

lett

ing

anyo

ne

get i

n be

hind

us..

.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

Law

renc

e Co

lbur

n Co

lbur

n dr

oppe

d ou

t of s

choo

l at t

he a

ge o

f 17

to jo

in th

e ar

my.

A y

ear l

ater

, he

beca

me

door

- gu

nner

on

a he

licop

ter.

He

serv

ed in

the

123r

d Av

iatio

n Ba

ttal

ion.

On

16 M

arch

196

8, h

is jo

b w

as

to p

rovi

de a

ir su

ppor

t for

the

grou

nd tr

oops

as

they

ent

ered

the

villa

ge o

f My

Lai.

Que

stio

ns:

> W

hat m

ight

he

be e

xpec

ting

to s

ee th

e ne

xt d

ay?

> W

hat d

o yo

u th

ink

he w

ill d

o w

hen

faci

ng v

illag

ers

at M

y La

i?

STUDENTRESOURCE (1/4)3D.2

Pro

file

card

s


Mod

ule

3: T

he

law

in a

ctio

n


" P

ROFI

LE

Serg

eant

Ron

Hae

berl

e Sg

t Hae

berle

was

an

arm

y ph

otog

raph

er, p

art o

f a

two-

man

team

sen

t in

to c

over

the

oper

atio

n fo

r the

arm

y’s

new

spap

er. T

he te

am’s

job

was

to

prov

ide

stor

ies

and

phot

os a

bout

the

war

that

w

ould

be

sent

to n

ewsp

aper

s ba

ck in

the

Uni

ted

Stat

es. H

e ca

rrie

d a

rifle

and

two

cam

eras

– th

e ca

mer

a is

sued

by

the

arm

y an

d hi

s ow

n ca

mer

a,

with

whi

ch h

e to

ok p

hoto

s fo

r him

self.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

do

and

see

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

Colo

nel O

ran

Hen

ders

on

Col.

Hen

ders

on h

ad s

erve

d ov

er 2

5 ye

ars

in th

e ar

my

and

hope

d to

bec

ome

a ge

nera

l. D

espi

te

neve

r hav

ing

take

n pa

rt in

act

ive

com

bat,

he

had

rece

ntly

bee

n pu

t in

char

ge o

f the

11t

h In

fant

ry B

rigad

e an

d th

ree

othe

r inf

antr

y br

igad

es

(3,5

00 tr

oops

in a

ll). M

y La

i was

his

firs

t com

bat

oper

atio

n. M

ajor

-Gen

eral

Sam

uel W

. Kos

ter,

who

app

oint

ed h

im a

nd to

who

m h

e re

port

ed,

desc

ribed

him

like

this

: “A

bra

ve in

divi

dual

and

, I

thou

ght,

a fa

irly

stro

ng le

ader

. I w

asn’

t sur

e th

at h

e w

as n

eces

saril

y th

e m

ost i

ntel

ligen

t of t

he p

eopl

e I h

ad c

omm

andi

ng th

e br

igad

es.” O

n 16

Mar

ch,

he w

ould

be

in c

onst

ant r

adio

con

tact

with

the

oper

atio

n fr

om h

is p

ost a

t the

bas

e.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

if he

rece

ives

re

port

s of h

is m

en k

illin

g vi

llage

rs?

" P

ROFI

LE

Robe

rt M

aple

s Pr

ivat

e M

aple

s w

as 1

9, a

mac

hine

-gun

ner i

n Ch

arlie

Com

pany

. He

was

a q

uiet

man

who

had

jo

ined

the

arm

y ou

t of c

urio

sity

abo

ut V

iet N

am.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

Pro

file

card

sS.3D


Mod

ule

3: T

he

law

in a

ctio

n


" P

ROFI

LE

Serg

eant

Ken

neth

Hod

ges

Sgt H

odge

s w

as p

roud

of t

he m

en o

f Cha

rlie

Com

pany

, who

m h

e ha

d he

lped

trai

n be

fore

th

ey w

ent t

o Vi

et N

am. A

s a

serg

eant

, he

wou

ld

com

man

d a

smal

l gro

up o

f the

m d

urin

g th

e in

cide

nt a

t My

Lai.

Hod

ges:

The

unde

rsta

ndin

g of

the

orde

r tha

t was

gi

ven

was

to k

ill e

very

body

in th

e vi

llage

. Som

eone

as

ked

if th

at m

eant

the

wom

en a

nd ch

ildre

n, a

nd

the

orde

r was

‘eve

ryon

e in

the

villa

ge,’ b

ecau

se

thos

e pe

ople

that

wer

e in

the

villa

ge –

the

wom

en,

the

kids

, the

old

men

– w

ere

Viet

Con

g or

they

w

ere

sym

path

etic

to th

e Vi

et C

ong.

The

y wer

e no

t sy

mpa

thet

ic to

the

Sout

h Vi

etna

mes

e ar

my,

and

they

w

eren

’t sy

mpa

thet

ic to

the

Amer

ican

s. Th

ey w

ere

not

help

ing

us in

the

war

effo

rt. It

was

qui

te cl

ear t

hat n

o on

e w

as to

be

spar

ed in

that

vill

age.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

Har

ry S

tanl

ey

Stan

ley

was

an

amm

uniti

on c

arrie

r and

gre

nade

la

unch

er in

Cha

rlie

Com

pany

. Har

ry a

nd h

is e

ight

br

othe

rs a

nd s

iste

rs h

ad b

een

brou

ght u

p by

a

mot

her w

ho b

elie

ved

in w

orki

ng h

ard,

goi

ng

to s

choo

l and

att

endi

ng c

hurc

h on

Sun

days

. He

taug

ht h

imse

lf to

spe

ak V

ietn

ames

e an

d ca

me

to

know

the

lang

uage

bet

ter t

han

thos

e w

ho h

ad

been

trai

ned

in it

by

the

mili

tary

.

Stan

ley:

All

my

mot

her’s

chi

ldre

n ha

d to

bel

ieve

that

ev

eryb

ody’s

equ

al b

ecau

se th

at’s

wha

t she

bel

ieve

d.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

Capt

ain

Erne

st M

edin

a Th

e co

mm

andi

ng o

ffice

r of C

harli

e Co

mpa

ny, 3

2-ye

ar-o

ld C

apt.

Med

ina

was

pop

ular

with

his

men

. H

e w

as a

car

eer s

oldi

er w

ho h

ad jo

ined

the

arm

y at

16

by ly

ing

abou

t his

age

. He

addr

esse

d th

e co

mpa

ny o

n th

e ni

ght b

efor

e th

e at

tack

on

My

Lai.

Med

ina:

I also

told

them

that

(...)

we

had

auth

oriz

atio

n to

des

troy t

he v

illag

e, th

ey co

uld

burn

the

build

ings

, th

ey co

uld

dest

roy t

he liv

esto

ck a

nd th

ey co

uld

dest

roy

the

food

crop

s, an

d th

at th

ey co

uld

clos

e th

e w

ells

that

su

pplie

d th

e dr

inki

ng w

ater

. I al

so to

ld th

em th

at th

is w

as to

be

our c

hanc

e to

get

eve

n w

ith th

e 48

th V

iet

Cong

Bat

talio

n th

at h

ad b

een

(...)

plac

ing

min

es a

nd

boob

y-tra

ps in

our

are

a of

ope

ratio

ns, t

he o

nes t

hat

wer

e sh

ootin

g at

us (

...) a

nd th

is w

ould

be

our c

hanc

e to

get

eve

n w

ith th

em a

nd to

go

in a

nd fa

ce th

em a

nd

do b

attle

with

them

.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

Pro

file

card

sS.3D


Mod

ule

3: T

he

law

in a

ctio

n


" P

ROFI

LE

Varn

ado

Sim

pson

Si

mps

on w

as 2

2 w

hen

he w

ent t

o Vi

et N

am to

se

rve

as a

sol

dier

in C

harli

e Co

mpa

ny.

Sim

pson

: I w

as a

rifle

man

spec

ialis

t fou

rth

clas

s. I w

as tr

aine

d to

kill

but

the

real

ity o

f kill

ing

som

eone

is d

iffer

ent f

rom

trai

ning

and

pul

ling

the

trig

ger.

To u

s the

re w

ere

no c

ivili

ans.

They

wer

e VC

sy

mpa

thiz

ers.

You

don’

t cal

l the

m c

ivili

ans.

To u

s th

ey w

ere

VC. Y

ou d

on’t

have

any

alte

rnat

ives

. You

go

t to

do so

met

hing

. If t

hey

wer

e VC

and

they

got

aw

ay, t

hen

they

coul

d tu

rn a

roun

d an

d ki

ll yo

u.

You’

re ri

skin

g yo

ur li

fe d

oing

that

wor

k.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

War

rant

Offi

cer H

ugh

Thom

pson

A

t 25,

Tho

mps

on w

as a

car

eer s

oldi

er w

ho lo

ved

his

job

as a

hel

icop

ter p

ilot.

In 1

965,

he

had

sign

ed

up fo

r an

arm

y fli

ght p

rogr

amm

e to

hel

p in

the

war

in V

iet N

am. H

is h

elic

opte

r was

not

att

ache

d to

Cha

rlie

Com

pany

but

to th

e 12

3rd

Avia

tion

Batt

alio

n, w

hich

had

bee

n as

sign

ed to

circ

le

abov

e an

are

a be

lieve

d to

be

fille

d w

ith th

e Vi

et

Cong

’s 48

th B

atta

lion.

The

pla

n w

as fo

r the

se s

mal

l he

licop

ters

to lo

cate

the

enem

y by

dra

win

g th

eir

fire

and

to th

en g

et o

ut o

f the

way

for a

big

US

guns

hip

to a

ttac

k th

e Vi

et C

ong

from

the

air.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

see

the

ne

xt d

ay?

> W

hat d

o yo

u th

ink

he w

ill d

o w

hen

faci

ng v

illag

ers

at M

y La

i?

" P

ROFI

LE

Fred

Wid

mer

W

idm

er’s

assi

gnm

ent f

or 1

6 M

arch

was

to

acco

mpa

ny C

apt.

Med

ina

thro

ugho

ut th

e m

orni

ng

in M

y La

i as

his

radi

o op

erat

or. B

efor

e 16

Mar

ch,

Wid

mer

had

like

d to

spe

nd ti

me

with

Vie

tnam

ese

child

ren

in th

e su

rrou

ndin

g vi

llage

s.

Wid

mer

: Whe

n w

e w

ere

first

in th

e co

untr

y, w

e w

ould

go

to th

e vi

llage

s up

and

dow

n th

e hi

ghw

ay. Y

ou’d

pl

ay w

ith th

e ki

ds in

bet

wee

n pu

lling

gua

rd d

uty.

You

wou

ld a

lway

s tak

e th

em st

uff –

cand

y, po

p. Y

ou w

ould

ta

ke p

ictu

res w

ith th

em. G

Is [o

rdin

ary

sold

iers

] with

th

e ki

ds. Y

ou g

ot to

mee

t a lo

t of p

eopl

e. W

hen

we

star

ted

losin

g m

embe

rs o

f the

com

pany

, it w

as m

ostly

th

roug

h bo

oby-

traps

and

snip

ers.

We

neve

r rea

lly g

ot

into

a m

ain

com

bat w

here

you

coul

d se

e w

ho w

as

shoo

ting

at yo

u an

d yo

u co

uld

actu

ally

shoo

t bac

k.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

Pro

file

card

sS.3D


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3D.3

Imm

edia

te c

hain

of c

omm

and

at M

y La

iS.3D

US

ARM

YV

IET

NA

M

Char

lie C

ompa

nyCo

mm

andi

ng O

ffice

r:

Capt

ain

Erne

st M

edin

a

1ST P

LATO

ON

Com

man

ding

Offi

cer:

Li

eute

nant

Will

iam

Cal

ley

AM

ERIC

AL

DIV

ISIO

NCo

mm

andi

ng O

ffice

r:

Maj

or-G

ener

al S

amue

l W. K

oste

r

123RD

AV

IATI

ON

BATT

ALI

ON

11TH

INFA

NTR

Y BR

IGA

DE

Com

man

ding

Offi

cer:

Co

lone

l Ora

n H

ende

rson

" P

ROFI

LE

Varn

ado

Sim

pson

Si

mps

on w

as 2

2 w

hen

he w

ent t

o Vi

et N

am to

se

rve

as a

sol

dier

in C

harli

e Co

mpa

ny.

Sim

pson

: I w

as a

rifle

man

spec

ialis

t fou

rth

clas

s. I w

as tr

aine

d to

kill

but

the

real

ity o

f kill

ing

som

eone

is d

iffer

ent f

rom

trai

ning

and

pul

ling

the

trig

ger.

To u

s the

re w

ere

no c

ivili

ans.

They

wer

e VC

sy

mpa

thiz

ers.

You

don’

t cal

l the

m c

ivili

ans.

To u

s th

ey w

ere

VC. Y

ou d

on’t

have

any

alte

rnat

ives

. You

go

t to

do so

met

hing

. If t

hey

wer

e VC

and

they

got

aw

ay, t

hen

they

coul

d tu

rn a

roun

d an

d ki

ll yo

u.

You’

re ri

skin

g yo

ur li

fe d

oing

that

wor

k.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?

" P

ROFI

LE

War

rant

Offi

cer H

ugh

Thom

pson

A

t 25,

Tho

mps

on w

as a

car

eer s

oldi

er w

ho lo

ved

his

job

as a

hel

icop

ter p

ilot.

In 1

965,

he

had

sign

ed

up fo

r an

arm

y fli

ght p

rogr

amm

e to

hel

p in

the

war

in V

iet N

am. H

is h

elic

opte

r was

not

att

ache

d to

Cha

rlie

Com

pany

but

to th

e 12

3rd

Avia

tion

Batt

alio

n, w

hich

had

bee

n as

sign

ed to

circ

le

abov

e an

are

a be

lieve

d to

be

fille

d w

ith th

e Vi

et

Cong

’s 48

th B

atta

lion.

The

pla

n w

as fo

r the

se s

mal

l he

licop

ters

to lo

cate

the

enem

y by

dra

win

g th

eir

fire

and

to th

en g

et o

ut o

f the

way

for a

big

US

guns

hip

to a

ttac

k th

e Vi

et C

ong

from

the

air.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

see

the

ne

xt d

ay?

> W

hat d

o yo

u th

ink

he w

ill d

o w

hen

faci

ng v

illag

ers

at M

y La

i?

" P

ROFI

LE

Fred

Wid

mer

W

idm

er’s

assi

gnm

ent f

or 1

6 M

arch

was

to

acco

mpa

ny C

apt.

Med

ina

thro

ugho

ut th

e m

orni

ng

in M

y La

i as

his

radi

o op

erat

or. B

efor

e 16

Mar

ch,

Wid

mer

had

like

d to

spe

nd ti

me

with

Vie

tnam

ese

child

ren

in th

e su

rrou

ndin

g vi

llage

s.

Wid

mer

: Whe

n w

e w

ere

first

in th

e co

untr

y, w

e w

ould

go

to th

e vi

llage

s up

and

dow

n th

e hi

ghw

ay. Y

ou’d

pl

ay w

ith th

e ki

ds in

bet

wee

n pu

lling

gua

rd d

uty.

You

wou

ld a

lway

s tak

e th

em st

uff –

cand

y, po

p. Y

ou w

ould

ta

ke p

ictu

res w

ith th

em. G

Is [o

rdin

ary

sold

iers

] with

th

e ki

ds. Y

ou g

ot to

mee

t a lo

t of p

eopl

e. W

hen

we

star

ted

losin

g m

embe

rs o

f the

com

pany

, it w

as m

ostly

th

roug

h bo

oby-

traps

and

snip

ers.

We

neve

r rea

lly g

ot

into

a m

ain

com

bat w

here

you

coul

d se

e w

ho w

as

shoo

ting

at yo

u an

d yo

u co

uld

actu

ally

shoo

t bac

k.

Que

stio

ns:

> W

hat m

ight

he

expe

ct to

hap

pen

the

next

day

?>

Wha

t do

you

thin

k he

will

do

whe

n fa

cing

vill

ager

s at

My

Lai?


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3D.4

Poc

ket c

ard

The

enem

y in

you

r han

ds

As

a m

embe

r of t

he U

S M

ilita

ry F

orce

s, yo

u w

ill c

ompl

y w

ith th

e G

enev

a Pr

ison

er o

f War

Con

vent

ion

of 1

949

to w

hich

you

r cou

ntry

ad

here

s. U

nder

thes

e Co

nven

tions

:

You

can

and

will

:•D

isarmyou

rprison

er.

•Immed

iatelysearchhimth

orou

ghly.

•Req

uirehim

tobesilent.

•Seg

rega

tehim

from

otherprison

ers.

•Gua

rdhim

carefully.

•Takehimto

theplacede

sign

ated

byyo

urcom

man

der.

You

cann

ot a

nd m

ust n

ot:

•Mistreaty

ourp

rison

er.

•Hum

iliateordeg

rade

him

.•Takean

yofhispersona

leffe

ctsthatdono

thavesign

ificant

mili

tary

val

ue.

•Refusehimm

edicaltreatm

entifreq

uiredan

davailable.

ALW

AYS

TREA

T YO

UR

PRIS

ON

ER H

UM

AN

ELY.

Sour

ce: M

ilita

ry A

ssist

ance

Com

man

d, V

ietn

am (M

ACV)

Poc

ket C

ard.

DIS

TRIB

UTI

ON

– o

ne to

eac

h m

embe

r of

the

Uni

ted

Stat

es A

rmed

For

ces i

n Vi

et N

am (S

epte

mbe

r 196

7)

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3D.5

As

daw

n br

oke

on 1

6 M

arch

196

8,

assa

ult h

elic

opte

rs p

eppe

red

the

grou

nd w

ith a

rtill

ery

fire

to c

lear

the

area

for o

ther

hel

icop

ters

car

ryin

g so

ldie

rs. B

y th

e tim

e th

e tr

oop

helic

opte

rs la

nded

, any

Vie

t Con

g (V

C) fi

ghte

rs in

the

vici

nity

had

pr

obab

ly le

ft. T

he s

oldi

ers

of C

harli

e Co

mpa

ny (C

Com

pany

) enc

ount

ered

no

opp

ositi

on o

n th

eir a

rriv

al.

At t

he la

ndin

g zo

ne, s

ome

sold

iers

, ca

tchi

ng s

ight

of V

ietn

ames

e ru

nnin

g aw

ay, o

pene

d fir

e on

them

. The

n,

tens

e an

d ex

pect

ing

to ru

n in

to

heav

y fir

e fr

om V

C po

sitio

ns, t

hey

lined

up

and

mov

ed in

to th

e vi

llage

. So

meo

ne p

oint

ed to

a s

pot w

here

he

had

seen

a V

iet C

ong.

A s

quad

lead

er,

Sgt D

avid

Mitc

hell,

sai

d, “S

hoot

him

,” an

d so

meb

ody

did.

Onc

e th

e ki

lling

had

beg

un, i

t es

cala

ted

quic

kly.

Whi

le s

ome

of th

e m

en re

fuse

d to

kill

una

rmed

and

un

resi

stin

g vi

llage

rs, o

ther

s jo

ined

in

whe

n th

ey s

aw th

eir f

ello

w s

oldi

ers

doin

g so

. In

less

than

four

hou

rs,

wel

l ove

r 500

una

rmed

vill

ager

s w

ere

slau

ghte

red

and

thei

r vill

age

com

plet

ely

dest

roye

d.

wha

t hap

pene

d at

My

Lai

S.3D


Mod

ule

3: T

he

law

in a

ctio

n


Video transcriptN

arra

tor:

On

15 M

arch

, pla

ns w

ere

draw

n up

for a

n at

tack

on

My L

ai,

belie

ved

by In

telli

genc

e to

be th

e he

adqu

arte

rs o

f a V

iet C

ong

batta

lion.

Ch

arlie

Com

pany

was

to m

ount

the m

ain

atta

ck a

nd fi

erce

bat

tle w

as a

ntic

ipat

ed.

The

atta

ck o

n M

y La

i sta

rted

just

af

ter 7

o’cl

ock

in th

e m

orni

ng. I

t was

a

Satu

rday

. Acc

ordi

ng to

Inte

llige

nce,

all

civi

lians

wou

ld h

ave

gone

to m

arke

t. An

yone

still

in th

e vi

llage

wou

ld b

e Vi

et

Cong

. But

Inte

llige

nce

was

wro

ng.

Varn

ado

Sim

pson

, for

mer

rifle

man

–

Char

lie C

ompa

ny

This

is m

y lif

e; th

is is

my

past

; thi

s is m

y pr

esen

t; th

is is

my

futu

re. A

nd I k

eep

it to

rem

ind

me

that

this

is w

hat I

am

. Th

is is

wha

t mad

e m

e th

is w

ay.

Kenn

eth

Hod

ges,

form

er s

erge

ant

– Ch

arlie

Com

pany

The

tran

sitio

n fro

m c

ivili

an to

sold

ier

is a

ver

y di

stin

ct a

nd a

ver

y rig

orou

s tr

aini

ng. S

oldi

ers a

re ta

ught

all

the

thin

gs th

at th

ey n

eed

to k

now

abo

ut

bein

g a

good

sold

ier i

n th

ose

very

ear

ly

days

and

wee

ks in

bas

ic tr

aini

ng.

They

are

taug

ht h

ow to

use

wea

pons

, how

to

use

wea

pons

to ki

ll. Th

ey a

re ta

ught

ho

w to

dril

l. How

to m

arch

with

wea

pons

.

And

all o

f tho

se d

rills

and

diffe

rent

m

anoe

uvre

s are

carri

ed o

ut b

y ord

ers.

We

wan

ted

sold

iers

hig

hly m

otiv

ated

. Th

e tra

iner

’s w

ay o

f mot

ivat

ing

them

w

as to

hav

e a

com

man

d an

d re

spon

se

from

the

sold

iers

. He

wou

ld sa

y, ‘W

hat

is th

e sp

irit o

f the

bay

onet

?’ an

d ge

t the

re

ply,

‘To

kill,

Ser

gean

t, to

kill

!’ So

sold

iers

w

ere

mot

ivat

ed a

long

thes

e lin

es. H

e w

ould

dril

l the

m in

to a

stat

e of

read

ines

s th

roug

h hi

s tal

king

and

thro

ugh

his

teac

hing

of w

hat t

he sp

irit w

as.

I was

one

of t

he se

rgea

nts w

ho tr

aine

d th

e m

en o

f Cha

rlie

Com

pany

. I w

as v

ery

plea

sed

with

the

way

they

turn

ed o

ut.

They

turn

ed o

ut to

be

very

goo

d so

ldie

rs.

Fred

Wid

mer

, for

mer

radi

o op

erat

or –

Cha

rlie

Com

pany

Whe

n w

e w

ere

first

in th

e co

untr

y, w

e w

ould

go

to th

e vi

llage

s up

and

dow

n th

e hi

ghw

ay. Y

ou’d

pla

y with

the

kids

in

betw

een

pulli

ng g

uard

dut

y. Yo

u w

ould

al

way

s tak

e th

em st

uff –

cand

y, po

p. Yo

u w

ould

take

pic

ture

s with

them

. GIs

with

th

e ki

ds. Y

ou g

ot to

mee

t a lo

t of p

eopl

e.

Mic

hael

Ber

nhar

dt, f

orm

er

‘tun

nel r

at’ –

Cha

rlie

Com

pany

Ther

e w

as n

o on

e el

se b

ut u

s. W

e w

ere

in th

is co

mpa

ny a

nd th

is pl

ace

all a

lone

. W

e ha

d a

com

pany

of m

en th

at a

ll cam

e fro

m o

ne co

untr

y, fro

m th

e sa

me

cultu

re

and

we

wer

e dr

oppe

d 10

,000

mile

s aw

ay

– an

d w

e fe

lt cl

ose

that

way

bec

ause

th

ere

was

nob

ody e

lse to

feel

clos

e to

.

Fred

Wid

mer

Whe

n w

e st

arte

d lo

sing

mem

bers

of t

he

com

pany

, it w

as m

ostly

thro

ugh

boob

y-

trap

s and

snip

ers.

We

neve

r rea

lly g

ot

into

a co

mba

t whe

re y

ou co

uld

see

who

was

shoo

ting

at y

ou a

nd y

ou

coul

d ac

tual

ly sh

oot b

ack,

one

-on-

one.

Bo

oby-

trap

s was

the

mai

n pr

oble

m.

Varn

ado

Sim

pson

I had

seen

the

enem

y, y

es, b

ut w

ho

is th

e en

emy?

Litt

le k

ids,

they

wou

ld

shoo

t you

or s

tab

you

in th

e ba

ck w

hen

you

star

ted

to w

alk

away

. Who

is th

e en

emy?

I can

’t di

stin

guis

h be

twee

n th

e en

emy

– th

e go

od a

nd th

e ba

d, a

ll of

th

em lo

ok th

e sa

me.

Tha

t’s th

e re

ason

th

e w

ar w

as so

diff

eren

t. It

was

n’t l

ike

Ger

man

s ove

r her

e or

Japa

nese

ove

r th

ere.

The

y al

l loo

k al

ike,

the

Nor

th a

nd

the

Sout

h. S

o ho

w ca

n yo

u te

ll?

Mic

hael

Ber

nhar

dtW

hen

I saw

Am

eric

an so

ldie

rs

com

mitt

ing

acts

that

wou

ld h

ave

been

calle

d at

roci

ties i

f som

ebod

y el

se

had

done

them

, I b

egan

to th

ink

that

m

aybe

I was

wro

ng –

that

may

be I

had

been

just

too

naiv

e al

l my

life

and

may

be th

at th

is is

the

way

thin

gs re

ally

w

ere.

I trie

d no

t to

thin

k lik

e th

at; I

trie

d to

kee

p m

y ow

n va

lues

toge

ther

, but

it

was

not

eas

y. L

ittle

by

little

, I b

egan

to

see

that

this

gro

up o

f men

was

get

ting

out o

f con

trol

.

Kenn

eth

Hod

ges

The u

nder

stan

ding

of t

he o

rder

that

w

as g

iven

was

to k

ill ev

eryb

ody i

n th

e vi

llage

. Som

eone

ask

ed if

that

mea

nt

the w

omen

and

child

ren,

and

the o

rder

w

as ‘e

very

one i

n th

e vill

age.’

Bec

ause

th

ose p

eopl

e tha

t wer

e in

the v

illag

e –

the w

omen

, the

kid

s, th

e old

men

–

wer

e Vie

t Con

g th

emse

lves

or t

hey w

ere

sym

path

etic

to th

e Vie

t Con

g. T

hey w

ere

not s

ympa

thet

ic to

the S

outh

Vie

tnam

ese

arm

y and

they

wer

en’t

sym

path

etic

to

the A

mer

icans

. The

y wer

e not

giv

ing

us

any a

ssist

ance

; the

y wer

e not

hel

ping

us

in th

e war

effor

t wha

tsoe

ver.

wha

t we

did

at M

y La

iS.3D


Mod

ule

3: T

he

law

in a

ctio

n

Video transcript


Fred

Wid

mer

My

unde

rsta

ndin

g w

as th

at w

e w

ere

goin

g in

, we

wer

e go

ing

to g

et in

to o

ne

hell

of a

figh

t, an

d w

e w

ere

goin

g to

ki

ck so

me

ass,

and

whe

n w

e go

t don

e,

ther

e w

asn’

t goi

ng to

be

anyb

ody

left

.

Varn

ado

Sim

pson

I was

19

whe

n I w

ent t

o Vi

et N

am, I

was

a

riflem

an sp

ecia

list f

ourt

h cl

ass.

I was

tr

aine

d to

kill

, but

the

real

ity o

f kill

ing

som

eone

is d

iffer

ent f

rom

trai

ning

and

pu

lling

the

trig

ger.

I did

n’t k

now

that

I was

goi

ng to

do

that

. I k

new

the

wom

en a

nd c

hild

ren

wer

e th

ere,

but

for m

e to

say

that

I was

go

ing

to k

ill th

em, I

did

n’t k

now

I was

go

ing

to d

o th

at u

ntil

it ha

ppen

ed. I

di

dn’t

know

I was

goi

ng to

kill

any

one.

I d

idn’

t wan

t to

kill

anyo

ne. I

was

n’t

rais

ed u

p to

kill

.

She

was

runn

ing

with

her

bac

k fro

m

a tre

e lin

e, b

ut sh

e w

as ca

rryi

ng

som

ethi

ng. I

didn

’t kn

ow if

it w

as a

w

eapo

n or

wha

t. I k

new

it w

as a

wom

an,

and

I did

n’t w

ant t

o sh

oot a

wom

an,

but I

was

giv

en a

n or

der t

o sh

oot.

So

I’m th

inki

ng th

at sh

e ha

d a

wea

pon

runn

ing,

so I s

hot.

Whe

n I t

urne

d he

r ov

er, it

was

a b

aby.

I sho

t her

abo

ut fo

ur

times

, and

the

bulle

ts ju

st w

ent t

hrou

gh

and

shot

the

baby

too.

And

I tur

ned

her

over

and

saw

that

the

baby

’s fa

ce w

as

half

gone

. I ju

st b

lank

ed. T

he tr

aini

ng

cam

e to

me,

the

prog

ram

min

g to

kill

, an

d I ju

st st

arte

d ki

lling

.

That

day

in M

y La

i I w

as p

erso

nally

re

spon

sibl

e fo

r kill

ing

betw

een

20 a

nd

25 p

eopl

e. I w

asn’

t the

onl

y on

e th

at

did

it. A

lot o

f peo

ple

wer

e do

ing

it, so

I j

ust f

ollo

wed

suit.

I jus

t los

t all

sens

e of

dire

ctio

n, o

f pur

pose

; I ju

st st

arte

d ki

lling

any

kin

d of

way

I cou

ld k

ill. I

di

dn’t

know

I had

it in

me,

but

afte

r I

kille

d th

at c

hild

, my

who

le m

ind

just

w

ent.

And

once

you

star

t, it

is v

ery

easy

to

kee

p on

. The

har

dest

par

t is t

o ki

ll;

but o

nce

you

kill,

it b

ecom

es e

asy

to k

ill

the

next

one

and

the

next

one

.

This

is m

y life

. Eve

n if

I don

’t op

en th

is sc

rapb

ook,

I see

it –

in m

y nig

htm

ares

–

even

if I d

on’t

open

this

book

, it’s

still

ther

e.

Fred

Wid

mer

The

mos

t dis

turb

ing

thin

g I s

aw w

as

one

boy

– an

d th

is is

wha

t hau

nts

me

– a

boy

with

his

arm

shot

off,

ha

lf ha

ngin

g on

, and

he

just

had

a

bew

ilder

ed lo

ok in

his

face

like

, ‘W

hat

did

I do,

wha

t’s w

rong

?’ It’

s har

d to

de

scrib

e –

he co

uldn

’t co

mpr

ehen

d.

I sho

t the

boy

, kill

ed h

im. I

’d li

ke to

th

ink

of it

as a

mer

cy k

illin

g, b

ecau

se

som

eone

els

e w

ould

hav

e do

ne it

in th

e en

d. B

ut it

was

n’t r

ight

.

Kenn

eth

Hod

ges

As a

pro

fess

iona

l sol

dier

, I h

ad b

een

taug

ht to

carr

y ou

t the

ord

ers,

and

at

no ti

me

had

it ev

er c

ross

ed m

y m

ind

to d

isob

ey o

r to

refu

se to

carr

y ou

t an

orde

r tha

t was

issu

ed b

y m

y su

perio

rs.

If on

e of

my

men

had

refu

sed

to sh

oot,

I shu

dder

to th

ink

wha

t wou

ld h

ave

been

the

repe

rcus

sion

s. It’

s har

d to

say

now

wha

t I w

ould

hav

e do

ne. A

t the

tim

e, h

e w

ould

hav

e be

en in

serio

us

trou

ble.

He

coul

d ha

ve fa

ced

cour

t-m

artia

l; he

coul

d ha

ve b

een

shot

on

the

spot

for r

efus

ing

an o

rder

in fa

ce o

f th

e en

emy,

in fa

ce o

f hos

tile

fire.

At t

he

time

we

did

not r

ealiz

e th

at th

ere

was

no

hos

tile

fire

– at

the

time.

I fee

l tha

t the

se so

ldie

rs w

ere a

ble t

o ca

rry

out t

he a

ssig

ned

task

, the

ord

ers (

that

m

eant

killi

ng sm

all k

ids,

killi

ng w

omen

) be

caus

e the

y wer

e sol

dier

s. Th

ey w

ere

train

ed th

at w

ay; t

hey w

ere t

rain

ed th

at

whe

n yo

u ge

t int

o co

mba

t, it’

s eith

er yo

u or

the e

nem

y. Th

e peo

ple t

hat w

ere i

n th

at

villa

ge –

the w

omen

, the

little

kids

, the

old

m

en –

wer

e all c

onsid

ered

the e

nem

y.

I fee

l tha

t we

carr

ied

out t

he o

rder

s in

a m

oral

fash

ion

– th

e or

ders

of

dest

royi

ng th

e vi

llage

, of k

illin

g th

e pe

ople

in th

e vi

llage

. I fe

el th

at w

e di

d no

t vio

late

any

mor

al st

anda

rds.

Har

ry S

tanl

ey, f

orm

er G

I –

Char

lie C

ompa

nyLi

eute

nant

Cal

ley

orde

red

cert

ain

peop

le to

shoo

t the

se p

eopl

e, a

nd I w

as

one

of th

em. I

refu

sed,

and

he

told

me

that

he

was

goi

ng to

hav

e m

e co

urt-

mar

tialle

d [t

ried

by m

ilita

ry tr

ibun

al]

whe

n w

e go

t bac

k to

bas

e ca

mp.

I tol

d hi

m w

hat w

as o

n m

y m

ind

at th

e tim

e:

‘Ord

erin

g m

e to

shoo

t dow

n in

noce

nt

peop

le –

that

is n

ot a

n or

der;

that

is

craz

ines

s to

me.

And

so I d

on’t

feel

that

I h

ave

to o

bey

that

. And

if y

ou w

ant t

o co

urt-

mar

tial m

e, y

ou d

o th

at. I

f you

ca

n ge

t aw

ay w

ith it

.’

I fel

t tha

t it w

as h

orrib

le, j

ust a

terr

ible

th

ing

to b

e go

ing

on, a

nd A

mer

ican

bo

ys d

oing

this.

I fee

l lik

e I’m

a re

d-bl

oode

d Am

eric

an b

oy ju

st li

ke a

ny o

f th

e re

st o

f the

guy

s tha

t wer

e th

ere.

I’m

talk

ing

abou

t bla

ck o

r whi

te –

bla

ck

and

whi

te g

uys d

oing

this,

it d

idn’

t m

ake

any

diffe

renc

e. It

just

seem

ed li

ke

a ho

rrib

le th

ing.

wha

t we

did

at M

y La

iS.3D


Mod

ule

3: T

he

law

in a

ctio

n


We

all c

ame

from

the

sam

e pl

ace

and

I kn

ow th

at th

ey a

ll ha

d th

e sa

me

valu

es

that

I had

som

ewhe

re a

long

the

line.

If

they

did

n’t g

et it

from

scho

ol, y

ou

coul

d pi

ck it

up

from

a st

rang

er! I

t’s ju

st

sim

ple.

But

to g

o an

d do

som

ethi

ng li

ke

this

! It’s

just

imm

oral

to m

e. T

hat i

s jus

t th

e w

ay I f

eel a

bout

it.

Ron

Hae

berl

e, fo

rmer

US

A

rmy

phot

ogra

pher

I hap

pene

d up

on a

gro

up o

f GIs

su

rrou

ndin

g th

ese

peop

le. O

ne o

f the

Am

eric

an G

Is y

elle

d ou

t, ‘H

ey, h

e ha

s a

cam

era!

’ So

they

kin

d of

all

disp

erse

d ju

st a

litt

le b

it. A

nd I c

ame

up, a

nd I

notic

e on

e gi

rl is

kin

d of

fran

tic a

nd a

w

oman

is tr

ying

to p

rote

ct th

e sm

all

child

. And

an

olde

r wom

an in

fron

t is

ple

adin

g, b

eggi

ng, a

nd th

e ot

her

pers

on w

as b

utto

ning

her

blo

use

and

hold

ing

a sm

all b

aby.

I too

k th

e ph

oto.

I th

ough

t the

y w

ere

goin

g to

que

stio

n th

e pe

ople

. Bu

t jus

t as s

oon

as I

wal

ked

away

, I

hear

d fir

ing.

I lo

oked

aro

und,

ove

r my

shou

lder

, and

I sa

w th

e pe

ople

dro

p. I

just

kep

t on

wal

king

.

Hug

h Th

omps

on, f

orm

er A

eros

cout

he

licop

ter p

ilot

Dur

ing

the

mis

sion

, as i

t was

goi

ng

on, w

e st

arte

d se

eing

a lo

t of b

odie

s. It

didn

’t ad

d up

– h

ow a

ll th

ose

peop

le

wer

e ge

ttin

g ki

lled

and

wou

nded

and

w

e w

eren

’t re

ceiv

ing

any

enem

y fir

e. It

di

dn’t

mak

e se

nse;

ther

e w

ere

too

man

y ca

sual

ties t

here

. And

the

loca

tions

th

ey w

ere

in –

art

iller

y co

uldn

’t do

this,

be

caus

e th

ere

wer

e bo

dies

in p

lace

s th

at a

rtill

ery d

idn’

t hit.

Law

renc

e Co

lbur

n, fo

rmer

he

licop

ter d

oor-

gunn

er

War

rant

Offi

cer T

hom

pson

was

de

sper

ate

to g

et th

ese

civi

lians

, wha

t he

bel

ieve

d to

be

civi

lians

, out

of t

his

bunk

er a

nd in

to a

safe

are

a. H

e ha

d se

en th

at w

hat h

e w

as tr

ying

to d

o to

he

lp th

e ci

vilia

ns o

n th

e gr

ound

was

not

ge

ttin

g do

ne. H

e w

as co

nvin

ced

that

our

gr

ound

forc

es w

ould

kill

thes

e pe

ople

if

he co

uldn

’t ge

t to

them

firs

t. H

e la

nded

th

e ai

rcra

ft in

bet

wee

n th

e Am

eric

an

forc

es a

nd th

e Vi

etna

mes

e pe

ople

in

the

bunk

er. H

e go

t out

of t

he a

ircra

ft an

d ha

d us

get

out

of t

he a

ircra

ft w

ith

our w

eapo

ns to

cove

r him

. He

wen

t and

ta

lked

to th

e lie

uten

ant t

here

. He

aske

d th

e lie

uten

ant h

ow h

e co

uld

get t

hese

peop

le o

ut o

f the

bun

ker.

The

lieut

enan

t sa

id th

at th

e on

ly w

ay h

e kn

ew w

as w

ith

hand

gre

nade

s.

So w

hen

War

rant

Offi

cer T

hom

pson

ca

me

back

to th

e ai

rcra

ft, h

e w

as

furio

us! A

nd h

e w

as d

espe

rate

to g

et

thes

e pe

ople

out

of t

he b

unke

r. H

e to

ld

us th

at h

e w

as g

oing

ove

r to

the

bunk

er

him

self

to se

e if

he co

uld

get t

hem

ou

t. I d

on’t

even

thin

k he

took

a ri

fle

with

him

. He

told

us i

f the

Am

eric

ans

wer

e to

ope

n fir

e on

thes

e Vi

etna

mes

e w

hile

he

was

get

ting

them

out

of t

he

bunk

er, t

hat w

e sh

ould

retu

rn fi

re o

n th

e Am

eric

ans.

Hug

h Th

omps

onW

hen

I did

inst

ruct

my

crew

chi

ef a

nd

gunn

er to

ope

n fir

e on

our

sold

iers

if

they

ope

ned

fire

on a

ny m

ore

civi

lians

, I d

on’t

know

how

I wou

ld h

ave

felt

if th

ey w

ould

hav

e op

ened

fire

on

them

. Bu

t tha

t par

ticul

ar d

ay I w

ould

n’t h

ave

give

n it

a se

cond

thou

ght.

Ron

Hae

berl

eAt

the t

ime,

I was

just

capt

urin

g a

reac

tion.

But

whe

n yo

u lo

ok a

t a

phot

ogra

ph la

ter o

n in

life,

and

you

know

no

w th

at th

ese p

eopl

e are

dea

d –

they

w

ere s

hot –

it is

just

kind

of a

n ee

rie fe

elin

g th

at g

oes t

hrou

gh yo

ur w

hole

bod

y. Yo

u th

ink b

ack:

Cou

ld I h

ave p

reve

nted

this?

H

ow co

uld

I hav

e pre

vent

ed th

is?

wha

t we

did

at M

y La

iVideo transcript

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

" W

HAT

HA

PPEN

ED

Mic

hael

Ber

nhar

dt

Bern

hard

t: It

was

poi

nt-b

lank

mur

der.

I jus

t tol

d th

em th

e he

ll w

ith th

is, I’m

not

doi

ng it

. I d

idn’

t th

ink

this

was

a la

wfu

l ord

er.

Bern

hard

t say

s th

at C

apt.

Med

ina,

his

com

pany

co

mm

ande

r, kn

ew th

at B

ernh

ardt

did

not

pa

rtic

ipat

e in

the

slau

ghte

r at M

y La

i and

was

th

eref

ore

a po

tent

ially

trou

bles

ome

pers

on.

Med

ina

cam

e to

him

the

mor

ning

aft

er th

e m

assa

cre

and

said

, “Be

rnha

rdt,

you

bett

er k

eep

your

mou

th s

hut a

bout

this

.”

Que

stio

n: W

hat d

o yo

u th

ink

Bern

hard

t w

ill d

o ab

out t

he m

assa

cre

and

why

?

" W

HAT

HA

PPEN

ED

Law

renc

e Co

lbur

n Co

lbur

n ag

reed

with

his

pilo

t, H

ugh

Thom

pson

, to

land

the

helic

opte

r to

evac

uate

the

Viet

nam

ese

to

safe

ty. B

efor

e th

ey c

ould

land

, the

y sa

w A

mer

ican

so

ldie

rs k

illin

g th

e pe

ople

who

m th

ey h

ad b

een

plan

ning

to s

ave.

Thom

pson

land

ed th

e he

licop

ter n

ear a

bun

ker

whe

re th

e so

ldie

rs w

ere

thre

aten

ing

a gr

oup

of

villa

gers

. Whi

le T

hom

pson

wen

t to

atte

mpt

to s

ave

the

villa

gers

, Col

burn

and

the

othe

r hel

icop

ter

gunn

er p

rote

cted

him

by

poin

ting

thei

r mac

hine

-gu

ns a

t the

Am

eric

an s

oldi

ers.

Thom

pson

told

his

tw

o gu

nner

s th

at if

the

Am

eric

an s

oldi

ers

shot

at

him

or a

t the

Vie

tnam

ese,

they

wer

e to

fire

on

the

sold

iers

. Col

burn

pro

mis

ed h

e w

ould

.

Que

stio

n: W

hat d

o yo

u th

ink

Colb

urn

will

do

abo

ut th

e m

assa

cre

and

why

?

" W

HAT

HA

PPEN

ED

Lieu

tena

nt W

illia

m C

alle

y Lt

Cal

ley

orde

red

the

sold

iers

in h

is p

lato

on to

ro

und

up v

illag

ers

and

shoo

t the

m. W

hen

som

e of

his

men

resi

sted

the

orde

r, he

beg

an to

sho

ot

them

him

self.

Calle

y: W

e w

eren

’t in

My

Lai t

o ki

ll hu

man

bei

ngs.

We

wer

e th

ere

to k

ill id

eolo

gy th

at is

carr

ied

by –

I don

’t kn

ow –

paw

ns, b

lobs

, pie

ces o

f fles

h, a

nd I w

asn’

t in

My

Lai t

o de

stro

y in

telli

gent

men

. I w

as th

ere

to

dest

roy

an in

tang

ible

idea

, to

dest

roy

com

mun

ism

.

I was

ord

ered

to g

o in

ther

e an

d de

stro

y th

e en

emy.

Th

at w

as m

y jo

b th

at d

ay. T

hat w

as th

e m

issio

n I w

as

give

n. I d

id n

ot si

t dow

n an

d th

ink

in te

rms o

f men

, w

omen

and

child

ren.

The

y w

ere

all c

lass

ified

the

sam

e,

and

that

was

the

clas

sifica

tion

that

we

deal

t with

, ju

st a

s ene

my

sold

iers

. (...)

I fel

t the

n an

d I s

till d

o th

at

I act

ed a

s I w

as d

irect

ed, a

nd I c

arrie

d ou

t the

ord

ers

that

I was

giv

en a

nd I d

o no

t fee

l wro

ng in

doi

ng so

.

Que

stio

n: W

hat d

o yo

u th

ink

Lt C

alle

y w

ill d

o ab

out t

he m

assa

cre

and

why

?


wha

t hap

pene

d ca

rds

S.3D


Mod

ule

3: T

he

law

in a

ctio

n


" W

HAT

HA

PPEN

ED

Robe

rt M

aple

s Se

vera

l doz

en v

illag

ers h

ad b

een

forc

ed in

to a

di

tch,

man

y of

them

sobb

ing

and

begg

ing

for t

heir

lives

. Lt C

alle

y an

noun

ced

that

it w

as ti

me

to g

et

read

ytosh

ootthe

m;som

eofth

emen

resisted.

Calle

y di

rect

ly o

rder

ed R

ober

t Map

les

to lo

ad h

is

wea

pon

and

star

t sho

otin

g, b

ut M

aple

s re

fuse

d.

Calle

y th

en p

oint

ed h

is w

eapo

n at

Map

les,

thre

aten

ing

to s

hoot

him

for d

isob

eyin

g a

dire

ct

orde

r. Tw

o or

thre

e ot

her s

oldi

ers

step

ped

in a

nd

side

d w

ith M

aple

s. Ca

lley

fired

at t

he p

eopl

e in

th

e di

tch

him

self.

Que

stio

n: W

hat d

o yo

u th

ink

Map

les

will

do

abo

ut th

e m

assa

cre

and

why

?

" W

HAT

HA

PPEN

ED

Serg

eant

Ron

Hae

berl

e U

sing

his

ow

n ca

mer

a, H

aebe

rle b

egan

taki

ng

pict

ures

of v

illag

ers

who

had

bee

n sh

ot d

ead.

As

he p

repa

red

to p

hoto

grap

h a

wou

nded

four

-yea

r-ol

d w

ho w

as lo

okin

g fo

r his

mot

her,

thre

e rifl

e sh

ots

rang

out

at c

lose

rang

e, a

nd th

e ch

ild fe

ll to

th

e gr

ound

. Hae

berle

turn

ed a

nd fo

und

him

self

look

ing

into

the

eyes

of a

n 18

- or 1

9-ye

ar-o

ld

sold

ier w

ho s

tare

d ba

ck b

lank

ly.

Hae

berle

: I th

ink

back

– C

ould

I hav

e pr

even

ted

this

? How

coul

d I h

ave

prev

ente

d th

is? A

nd th

is is

a

ques

tion

that

I stil

l kin

d of

ask

mys

elf t

oday

.

Que

stio

n: W

hat d

o yo

u th

ink

Sgt

Hae

berl

e w

ill d

o ab

out t

he m

assa

cre

an

d w

hy?

" W

HAT

HA

PPEN

ED

Colo

nel O

ran

Hen

ders

on

Beca

use

helic

opte

r pilo

ts w

ere

send

ing

in m

essa

ges

desc

ribin

g w

hat w

as ta

king

pla

ce o

n th

e gr

ound

be

low

them

, Col

. Hen

ders

on o

rder

ed C

apt.

Med

ina

to re

turn

to th

e vi

llage

in th

e af

tern

oon

to

inve

stig

ate

exac

tly h

ow m

any

civi

lians

had

bee

n ki

lled.

But

Maj

or-G

ener

al K

oste

r can

celle

d th

at o

rder

.

Inst

ead,

Col

. Hen

ders

on a

ssem

bled

the

men

of

Char

lie C

ompa

ny a

nd a

sked

them

as

a gr

oup

if an

yone

had

bee

n in

volv

ed in

indi

scrim

inat

e ki

lling

. H

e la

ter r

epor

ted

to h

is s

uper

iors

that

all

of th

em

had

repl

ied,

“No,

sir.

” How

ever

, man

y of

the

men

w

ho w

ere

ther

e ha

ve s

ince

test

ified

that

wha

t the

y ha

d sa

id w

as, “

No

com

men

t.”

Thre

e da

ys la

ter,

Col.

Hen

ders

on re

port

ed th

at

his

inve

stig

atio

n w

as c

ompl

ete

and

that

no

indi

scrim

inat

e ki

lling

had

take

n pl

ace.

Lat

er,

whi

le g

ivin

g te

stim

ony,

he

deni

ed e

ver b

eing

told

an

ythi

ng a

bout

his

troo

ps w

anto

nly

killi

ng la

rge

grou

ps o

f civ

ilian

s.

Que

stio

n: G

iven

his

pos

itio

n of

aut

hori

ty,

wha

t do

you

thin

k Co

l. H

ende

rson

will

do

next

and

why

?

wha

t hap

pene

d ca

rds

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

" W

HAT

HA

PPEN

ED

Serg

eant

Ken

neth

Hod

ges

Hod

ges:

As a

pro

fess

iona

l sol

dier

, I h

ad b

een

taug

ht to

carr

y ou

t the

ord

ers,

and

at n

o tim

e ha

d it

ever

cro

ssed

my

min

d to

dis

obey

or t

o re

fuse

to

carr

y ou

t an

orde

r tha

t was

issu

ed b

y m

y su

perio

rs.

If on

e of

my

men

had

refu

sed

to sh

oot (

...) h

e co

uld

have

face

d co

urt-

mar

tial;

he co

uld

have

bee

n sh

ot

on th

e sp

ot fo

r ref

usin

g an

ord

er in

face

of t

he

enem

y, in

face

of h

ostil

e fir

e.

I fee

l tha

t the

y w

ere

able

to ca

rry

out (

...) o

rder

s th

at m

eant

kill

ing

smal

l kid

s, ki

lling

wom

en,

beca

use

they

wer

e so

ldie

rs. T

hey

wer

e tr

aine

d th

at

whe

n yo

u ge

t int

o co

mba

t it’s

eith

er y

ou o

r the

en

emy.

The

peo

ple

that

wer

e in

that

vill

age

(...)

wer

e al

l con

side

red

the

enem

y. I f

eel t

hat w

e ca

rrie

d ou

t the

ord

ers i

n a

mor

al fa

shio

n. T

he o

rder

s of

dest

royi

ng th

e vi

llage

, of k

illin

g th

e pe

ople

in th

e vi

llage

– I f

eel t

hat w

e ca

rrie

d ou

t our

ord

ers,

and

we

did

not v

iola

te a

ny m

oral

stan

dard

s.

Que

stio

n: W

hat d

o yo

u th

ink

Sgt H

odge

s w

ill d

o ab

out t

he m

assa

cre

and

why

?

" W

HAT

HA

PPEN

ED

Capt

ain

Erne

st M

edin

a So

ldie

rs re

port

ed s

eein

g Ca

pt. M

edin

a sh

oot a

w

oman

as

wel

l as

a lit

tle b

oy w

ho w

as lo

okin

g fo

r hi

s m

othe

r am

ong

the

dead

.

One

sol

dier

, who

est

imat

es th

at h

e hi

mse

lf ki

lled

40 o

r mor

e ci

vilia

ns, s

aid

of M

edin

a, “H

e w

as ri

ght

ther

e w

hen

it ha

ppen

ed. W

hy d

idn’

t he

stop

it?

Med

ina

just

kep

t mar

chin

g ar

ound

. He

coul

d ha

ve

put a

sto

p to

it a

nytim

e he

wan

ted.

”

Que

stio

n: W

hat d

o yo

u th

ink

Capt

. Med

ina

will

do

abou

t the

mas

sacr

e an

d w

hy?

" W

HAT

HA

PPEN

ED

Varn

ado

Sim

pson

H

e sa

w a

wom

an fl

eein

g an

d hu

ggin

g so

met

hing

to

her

che

st. F

earin

g th

at it

mig

ht b

e a

gun

or a

n ex

plos

ive

devi

ce, S

imps

on o

pene

d fir

e. H

er li

fele

ss

body

dro

pped

to th

e gr

ound

. He

rolle

d he

r ove

r ca

utio

usly

, afra

id th

at sh

e m

ight

be

carr

ying

a

boob

y-tr

ap. U

nder

neat

h he

r was

a d

ead

baby

.

Sim

pson

: I k

new

the

wom

en a

nd ch

ildre

n w

ere

ther

e,

but f

or m

e to

say t

hat I

was

goi

ng to

kill

them

– I d

idn’

t kn

ow I w

as g

oing

to d

o th

at u

ntil i

t hap

pene

d. I d

idn’

t kn

ow I w

as g

oing

to k

ill a

nyon

e. I d

idn’

t wan

t to

kill

anyo

ne. I

was

n’t r

aise

d up

to k

ill. I

just

lost

all s

ense

of

dire

ctio

n or

pur

pose

. I ju

st st

arte

d ki

lling

any

kin

d of

w

ay I c

ould

kill

. It ju

st ca

me.

I did

n’t k

now

I had

it in

me.

Bu

t afte

r I k

illed

that

child

, it ju

st w

ent.

Que

stio

n: W

hat d

o yo

u th

ink

Sim

pson

w

ill d

o ab

out t

he m

assa

cre

and

why

?


wha

t hap

pene

d ca

rds

S.3D


Mod

ule

3: T

he

law

in a

ctio

n


" W

HAT

HA

PPEN

ED

Fred

Wid

mer

W

idm

er a

nd C

apt.

Med

ina

cam

e up

on a

litt

le b

oy

of th

ree

or fo

ur w

hose

arm

had

bee

n sh

ot o

ff.

Wid

mer

: Thi

s is w

hat h

aunt

s me f

rom

the w

hole

or

deal

dow

n th

ere (

...) a

boy

with

his

arm

shot

off,

ha

lf ha

ngin

g on

(...)

and

he j

ust h

ad th

is be

wild

ered

lo

ok in

his

face

like ‘

Wha

t did

I do?

Wha

t’s w

rong

?’ H

e cou

ldn’

t com

preh

end.

And

– I s

hot t

he b

oy, k

illed

hi

m –

and

– I l

ike t

o th

ink o

f it m

ore o

r les

s as a

mer

cy

killi

ng b

ecau

se so

meo

ne el

se w

ould

hav

e don

e it i

n th

e end

, but

it w

asn’

t rig

ht.

Que

stio

n: W

hat d

o yo

u th

ink

Wid

mer

will

do

abo

ut th

e m

assa

cre

and

why

?

" W

HAT

HA

PPEN

ED

Har

ry S

tanl

ey

Whe

n Lt

Cal

ley

orde

red

Stan

ley

to sh

oot v

illag

ers

who

had

bee

n he

rded

into

a d

itch,

Sta

nley

refu

sed.

Stan

ley:

I was

n’t b

roug

ht u

p th

at w

ay, t

o be

kill

ing

no

wom

en a

nd ch

ildre

n. I’m

not

goi

ng to

do

it.

Calle

y th

rust

his

rifle

into

Sta

nley

’s st

omac

h an

d th

reat

ened

to k

ill h

im, s

hout

ing

that

he

was

n’t

bluffi

ng. S

tanl

ey sa

id h

e w

asn’

t blu

ffing

eith

er. H

e sa

id to

Cal

ley:

We

are

all g

oing

to d

ie h

ere

anyw

ay. I

just

as s

oon

go

out r

ight

her

e an

d no

w –

but

I ain

’t ki

lling

no

wom

en

and

child

ren.

Late

r, St

anle

y ex

plai

ned

his a

ctio

ns.

Lt C

alle

y tol

d m

e th

at h

e w

as g

oing

to h

ave

me

cour

t-m

artia

lled

whe

n w

e go

t bac

k to

bas

e ca

mp.

I tol

d hi

m

wha

t was

on

my m

ind

at th

e tim

e. O

rder

ing

me

to

shoo

t dow

n in

noce

nt p

eopl

e, th

at’s

not a

n or

der;

that

’s cr

azin

ess t

o m

e. A

nd so

I don

’t fe

el th

at I h

ave

to o

bey

that

. And

if yo

u w

ant t

o co

urt-m

artia

l me,

then

you

do th

at –

if yo

u ca

n ge

t aw

ay w

ith it

. I fe

lt th

at it

was

ho

rrib

le, ju

st a

terr

ible

thin

g to

be

goin

g on

.

Que

stio

n: W

hat d

o yo

u th

ink

Stan

ley

will

do

abo

ut th

e m

assa

cre

and

why

?

" W

HAT

HA

PPEN

ED

Hug

h Th

omps

on

Thom

pson

land

ed h

is he

licop

ter t

o ev

acua

te

villa

gers

who

had

bee

n w

ound

ed. H

e m

et L

t Cal

ley

on th

e gr

ound

and

an

argu

men

t ens

ued.

Cal

ley

told

hi

m to

get

bac

k in

his

helic

opte

r and

to m

ind

his

own

busin

ess.

From

the

air,

Thom

pson

and

his

crew

sa

w so

me

Amer

ican

sold

iers

mov

ing

in o

n a

grou

p of

terr

ified

vill

ager

s. H

e de

cide

d to

resc

ue th

em.

He

land

ed h

is he

licop

ter a

gain

and

inst

ruct

ed h

is

two-

man

cre

w to

shoo

t any

Am

eric

an so

ldie

r who

op

ened

fire

on

the

villa

gers

he

was

hop

ing

to sa

ve.

Thom

pson

: Whe

n I d

id in

stru

ct m

y cr

ew, t

o op

en

up o

n th

e Am

eric

ans i

f the

y op

ened

up

on a

ny m

ore

civi

lians

(...)

I don

’t kn

ow h

ow I w

ould

hav

e fe

lt if

they

w

ould

hav

e op

ened

up

on [o

ur o

wn

sold

iers

]. Bu

t th

at p

artic

ular

day

, I w

ould

n’t h

ave

give

n it

a se

cond

th

ough

t. Th

ey w

ere

the

enem

y at

that

tim

e, I g

uess

.

Thom

pson

repo

rted

to h

eadq

uart

ers d

urin

g th

e da

y th

at h

e an

d hi

s cre

w w

ere

seei

ng w

ides

prea

d ki

lling

of

civ

ilian

s at M

y La

i.

Que

stio

n: W

hat d

o yo

u th

ink

Thom

pson

w

ill d

o ne

xt a

nd w

hy?

wha

t hap

pene

d ca

rds

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

•Itistherespon

sibilityofallmilitarypersonn

elhavingkn

owledg

eof

an

inci

dent

or a

n ac

t tho

ught

to b

e a

war

crim

e to

repo

rt it

to

thei

r com

man

ding

offi

cer a

s so

on a

s po

ssib

le.

•Personn

elwillm

akeeveryeff

orttode

tectth

ecommissionofwar

crim

es a

nd to

repo

rt th

e es

sent

ial f

acts

to th

eir c

omm

andi

ng o

ffice

r.•P

ersonsdiscoverin

gwarcrim

eswillta

keallpo

ssibleactionsto

pr

eser

ve e

vide

nce,

to n

ote

the

iden

titie

s of

witn

esse

s, an

d to

re

cord

the

circ

umst

ance

s an

d su

rrou

ndin

gs.

Sour

ce: M

ACV

Mili

tary

Dire

ctiv

e 20

-4.

STUDENTRESOURCE3D.8

wha

t sho

uld

happ

en n

ext?

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3D.9

A le

tter

to re

veal

the

trut

hRo

n Ri

denh

our

Whe

n he

was

nea

ring

the

end

of

his

two-

year

tour

of d

uty

in V

iet

Nam

, Ron

Rid

enho

ur, a

22-

year

-old

he

licop

ter g

unne

r fro

m th

e 11

th

Infa

ntry

Brig

ade,

who

was

not

at M

y La

i, he

ard

stor

ies

of th

e m

assa

cre

that

had

take

n pl

ace.

Dur

ing

the

rem

aind

er o

f his

tim

e in

Vie

t Nam

, he

sou

ght o

ut p

eopl

e w

ho h

ad b

een

ther

e to

gat

her i

nfor

mat

ion

abou

t w

hat h

ad ta

ken

plac

e.

I was

det

erm

ined

to ca

use

an

inve

stig

atio

n of

som

e ki

nd. I

was

a

kid.

I had

no

idea

how

to d

o it,

but

I k

new

the

first

thin

g I n

eede

d w

as

the

fact

s.

He

need

ed a

n ey

ewitn

ess

and

was

abl

e to

find

Mik

e Be

rnha

rdt.

Bern

hard

t tol

d Ri

denh

our t

hat w

hen

he g

ot o

ut o

f the

arm

y he

pla

nned

to

trac

k do

wn

all t

he o

ffice

rs in

the

chai

n of

com

man

d re

spon

sibl

e fo

r My

Lai a

nd a

ssas

sina

te th

em.

Real

izin

g th

at B

ernh

ardt

was

ups

et

enou

gh to

car

ry o

ut h

is th

reat

, Ri

denh

our o

ffere

d an

alte

rnat

ive.

I sai

d, ‘S

o w

hy d

on’t

we

try

my

plan

? I’m

goi

ng to

get

an

inve

stig

atio

n go

ing.

And

if I d

o, w

ill

you

tell

the

trut

h?’ H

e sa

id, ‘

You

tell

the

trut

h, I’l

l tel

l the

trut

h.’

Whe

n he

got

out

of t

he a

rmy

in M

arch

19

69, R

iden

hour

sent

a le

tter

det

ailin

g w

hat h

e ha

d le

arne

d ab

out M

y La

i to

the

coun

try’

s mili

tary

lead

ers,

mem

bers

of t

he U

S Co

ngre

ss a

nd th

e Pr

esid

ent o

f the

Uni

ted

Stat

es.

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

STUDENTRESOURCE3D.10

Dilemma scenarioTh

ere

was

no

mer

cyPA

RT A

:In

191

4, d

urin

g W

orld

War

I, a

Ger

man

so

ldie

r’s b

atta

lion

was

adv

anci

ng o

n su

rrend

erin

g Ru

ssia

n tro

ops.

Abov

e th

e te

rrib

le th

unde

r of t

he

cann

on co

uld

be h

eard

the

hear

t-re

ndin

g cr

ies o

f the

Rus

sian

s: ‘O

Pr

ussi

ans!

O P

russ

ians

!’ Bu

t the

re

was

no

mer

cy. O

ur ca

ptai

n ha

d

orde

red:

‘The

who

le lo

t mus

t die

; so

rapi

d fir

e.’ A

s I h

ave

hear

d, fi

ve m

en

and

one

office

r on

our s

ide

wen

t m

ad fr

om th

ese

hear

t-re

ndin

g cr

ies.

But m

ost o

f my

com

rade

s and

the

office

rs jo

ked

as th

e un

arm

ed a

nd

help

less

Rus

sian

s shr

ieke

d fo

r mer

cy

whi

le th

ey w

ere

bein

g su

ffoca

ted

in

the

swam

ps a

nd sh

ot d

own.

Que

stio

n: A

s th

at s

oldi

er, w

hat w

ould

you

do

abou

t thi

s in

cide

nt?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

thatsoldier’scomrade

s•

hiscaptain

•asurren

derin

gRu

ssiansoldier

•theGerman

militarycou

rts

PART

B:

Beca

use

the

Uni

ted

Stat

es w

as n

eutra

l in

191

4, b

oth

sides

in W

orld

War

I lo

oked

to it

as a

n im

part

ial n

atio

n ab

le to

inte

rced

e on

beh

alf o

f vic

tims

of th

e w

ar. T

he w

ords

quo

ted

abov

e w

ere

take

n fro

m a

lette

r writ

ten

by

that

you

ng G

erm

an so

ldie

r to

the

Uni

ted

Stat

es e

mba

ssy

in B

erlin

. His

lette

r end

ed w

ith th

ese

wor

ds:

I wou

ld g

ive m

y nam

e and

regi

men

t, bu

t the

se w

ords

coul

d ge

t me c

ourt-

mar

tialle

d fo

r div

ulgi

ng m

ilitar

y sec

rets

.

Sour

ce: R

icha

rd G

arre

tt, P

.O.W

., D

avid

& C

harle

s, Lo

ndon

, 198

1.

Que

stio

n: A

s a

dipl

omat

at a

neu

tral

em

bass

y, w

hat w

ould

you

do?

PO

SSIB

LE P

OIN

TS O

F V

IEW

TO

CO

NSI

DER

:•

thediplom

at’sow

ngo

vernmen

t•

theRu

ssiango

vernmen

t•

theGerman

gov

ernm

ent

•thesoldierw

howroteth

eletter

•othe

rsoldierson

bothside

s

S.3D


Mod

ule

3: T

he

law

in a

ctio

n

Sources

Telford Taylor, Nuremberg and Vietnam: An American Tragedy, Quadrangle Books, Chicago, 1970.

John Sack, William L. Calley, Lieutenant Calley: His Own Story, Viking Press, New York, 1971.

Joseph Goldstein, Burke Marshall, Jack Swartz, The My Lai Massacre and its Cover-up: Beyond the Reach of Law? : The Peers Commission Report, Free Press, New York, 1976.

Michael Bilton, Kevin Sim, Four Hours in My Lai, Penguin Books, New York, 1992.

Richard Hammer, One Morning in the War: The Tragedy at Son My, Coward-McCann, New York, 1970.

“My Lai: an American Tragedy,” Time, 5 December 1969, Vol. 94, No. 23 (http://www.time.com/time/printout/0,8816,901621,00.html).

Robert Jay Lifton, Home from the War: Vietnam Veterans: Neither Victims nor Executioners, Simon and Schuster, New York, 1973.

“When War Becomes a Crime: The Case of My Lai ,” in Jerold M. Starr (ed.), The Lessons of Vietnam, Center for Social Studies Education, Pittsburgh PA, 1991 (http://www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED337409&ERICExtSearch_SearchType_0=eric_accno&accno=ED337409).

“The Massacre at My Lai,” LIFE, 5 December 1969, Vol. 67, No. 23 (http://www.kenrahn.com/Marsh/Vietnam/mylait01.htm).

“Forgotten heroes of My Lai receive honors,” CNN Interactive, March 6, 1998 (http://www.cnn.com/US/9803/06/my.lai.ceremony/).

Excerpts from Lt William Calley’s court martial testimony on “Famous American Trials: The My Lai Courts-Martial” (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm).

FM 27-10, The Law of Land Warfare (http://faculty.ed.umuc.edu/~nstanton/FM27-10.htm).

LetterwrittenbyCapt.AubreyM.DanieltoPresidentNixon,April1970;“AnIntroductiontotheMyLaiCourts-martial”byDougLinder;Excerptfromtheprosecutionbriefoncommand responsibility in United States v. Captain Ernest L. Medina; Biographies of key figures in My Lai courts-martials (and a number of other documents) (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm).

PeersReport:Summary;CompanyC:Actionson16and17March1968;Suppressionandwithholdingofinformation;Generalfindingsandrecommendations;OmissionsandcommissionsofColOranK.Henderson;OmissionsandcommissionsofCapt.Ernest L. Medina (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm).

Court-martial testimony of Haeberle, Maples, Conti, Meadlo, Dr LaVerne, Calley, Medina, Latimer (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/MYL_calt.HTM).

Summation of Aubrey Daniels for the Prosecution, The Court Martial of William L. Calley, Jr. (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/closingargument.html).

Instructions from the Military Judge to the Court Members in United States vs. First Lieutenant William L. Calley, Jr. (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/instructions.html).

Homer Bigart, “Prosecution says that Medina ‘chose not to intervene’ at My Lai,” New York Times, 16 August 1971 (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/NYTIMES.html).

S.3D

http://www.time.com/time/printout/0,8816,901621,00.html

http://www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED337409&ERICExtSear



http://www.kenrahn.com/Marsh/Vietnam/mylait01.htm

http://www.cnn.com/US/9803/06/my.lai.ceremony/

http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm

http://faculty.ed.umuc.edu/~nstanton/FM27-10.htm



http://www.law.umkc.edu/faculty/projects/ftrials/mylai/MYL_calt.HTM

http://www.law.umkc.edu/faculty/projects/ftrials/mylai/closingargument.html

http://www.law.umkc.edu/faculty/projects/ftrials/mylai/instructions.html

http://www.law.umkc.edu/faculty/projects/ftrials/mylai/instructions.html

http://www.law.umkc.edu/faculty/projects/ftrials/mylai/NYTIMES.html

http://www.law.umkc.edu/faculty/projects/ftrials/mylai/NYTIMES.html

59EHL

Mod

ule

3: T

he

law

in a

ctio

n


Media page3

OBJ

ECTI

VE

• to

bec

ome

awar

e of

the

way

s in

whi

ch in

tern

atio

nal h

uman

itaria

n la

w (I

HL)

is b

eing

ap

plie

d an

d of

effo

rts

to p

reve

nt v

iola

tions

of t

he la

w

1. F

ind

a ne

ws

repo

rt th

at s

how

s on

e of

the

rule

s of

IHL

bein

g ap

plie

d.

[For

exa

mpl

e: e

xcha

nge

of p

rison

ers,

carin

g fo

r a w

ound

ed e

nem

y, pr

otec

ting

civi

lians

]

>

Wha

t rul

e is

bei

ng im

plem

ente

d? W

hat a

re th

e co

nseq

uenc

es?

AN

D

2. F

ind

a ne

ws

repo

rt th

at s

how

s eff

orts

to p

reve

nt v

iola

tions

of I

HL.

[F

or e

xam

ple:

IHL t

rain

ing

for c

omba

tant

s, a

lead

er’s

spee

ch o

r act

ions

]

>

Wha

t eve

nts

led

to th

ese

effor

ts?

>

Wha

t con

sequ

ence

s di

d th

ese

effor

ts h

ave,

or m

ight

they

hav

e in

the

futu

re?

Find

an

inci

dent

that

occ

urre

d in

you

r are

a th

at m

akes

you

thin

k of

inst

ance

s of

hum

an d

igni

ty

bein

g vi

olat

ed a

nd o

f effo

rts

to s

top

such

vio

latio

ns.

EHL 60

Mod

ule

3: T

he

law

in a

ctio

n


3Assessment

METHODS OF ASSESSMENT

ONGOING ASSESSMENT

Exploring Humanitarian Law (EHL) provides teachers with daily opportunities to find out what their students are learning and what misconceptions they might have. Active teaching methods, such as class discussion, small group work, brainstorming and role-playing all provide such opportunities.

Take five minutes at the end of class to have students write down one- or two-sentence answers to the following questions:

> What did you learn today?> What remaining questions do you have?

Read through their responses, and use them to build on students’ knowledge and clarify any misconceptions for the next lesson.

PORTFOLIO OF STudENT WORK

In each module, students are asked to carry out activities such as interviewing people, illustrating concepts with poems, plays or artwork and writing research papers on particular topics.

Keep a folder or portfolio for each student, containing written work, artwork, interviews and news clippings that he or she has contributed in class. Periodically go over the student’s work with him or her to monitor progress in understanding international humanitarian law (IHL).

Post samples of students’ work where all can see.

ENd-OF-MOduLE QuESTIONS

After Module 3 is completed, you might want to devote the last class session to a written assessment of what students have learned. You could do this with one essay question (20-30 minutes) and two or three short-answer questions (10 minutes each).

Possible essay questions:

> Why do people violate IHL? Include specific examples.> Describe a difficult choice that a soldier might have to make in a combat situation.

What is the dilemma? What are the consequences?

Possible short-answer questions:

> Give two examples of one violation leading to another.> What is the effect of not knowing who is a civilian? > What were two dilemmas facing the American soldiers at My Lai?

61EHL

Mod

ule

3: T

he

law

in a

ctio

n


3You could ask students to formulate other questions in small groups and then select one of them as the essay question for the whole class. Or you could ask each student to propose a question and then answer it. (The student would be assessed on the quality of the question as well as on the answer.) Or you could select a quote from a newspaper article, a sidebar in the materials or another source and ask students to identify the main point being made in the quote and whether they agree or disagree with it.

CRITERIA FOR ASSESSMENT

An effective student response is one which:

• usesconcepts,suchasbystander,combatant,dilemmaorchainreactionandothertermsintheEHLmaterials;

• givesconcreteexamplestobackuppoints;• includesexamplesfromavarietyofsources,suchasthenewsmedia,interviews,

class discussion and outside reading.

The above techniques are simply suggestions to help you assess your students’ work on the EHL materials. Feel free to adapt them to your needs.

Assessment

EHL 62

Mod

ule

3: T

he

law

in a

ctio

n


3Web resources

VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW

• Gravebreaches,InternationalCommitteeoftheRedCross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/57jp2a?opendocument)

RESPONSIBILITIES FOR RESPECTING INTERNATIONAL HUMANITARIAN LAW

• Respectingandensuringrespectforinternationalhumanitarianlaw,InternationalCommittee of the Red Cross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_state_responsibility?opendocument)

• Implementinginternationalhumanitarianlaw,InternationalCommitteeoftheRedCross (http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JNXN/$File/Implementing_IHL.pdf)

INFORMATION ON THE EVENTS AT MY LAI

• FamousAmericantrials:TheMyLaicourts-martial1970 (http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm)

• TheVietnamCenterandArchive,TexasTechUniversity (http://www.vietnam.ttu.edu)

• “MyLai:anAmericanTragedy,”Time (http://www.time.com/time/printout/0,8816,901621,00.html)

• “TheMassacreatMyLai,”LIFE (http://www.kenrahn.com/Marsh/Vietnam/mylait01.htm)

• “ForgottenheroesofMyLaireceivehonors,”CNNInteractive (http://www.cnn.com/US/9803/06/my.lai.ceremony)

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/57jp2a?opendocument

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_state_responsibility?opendocument

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_state_responsibility?opendocument

http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JNXN/$File/Implementing_IHL.pdf


http://www.vietnam.ttu.edu

http://www.time.com/time/printout/0,8816,901621,00.html

http://www.kenrahn.com/Marsh/Vietnam/mylait01.htm

http://www.cnn.com/US/9803/06/my.lai.ceremony

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