I didn’t think so….
No surprise in this from those who have knowledge of rules of engagement for military actions and their legal bounds…
Donald Trump made a promise and then doubled down on something that American military people would balk out, every mindful of the repercussions that attacks on target’s that might have civilians present and echoed of what ISIS had done in Iraq which was war crimes….
Defense Secretary Mark T. Esper sought to douse an international outcry on Monday by ruling out military attacks on cultural sites in Iran if the conflict with Tehran escalates further, despite President Trump’s threat to destroy some of the country’s treasured icons.
Mr. Esper acknowledged that striking cultural sites with no military value would be a war crime, putting him at odds with the president, who insisted such places would be legitimate targets. Mr. Trump’s threats generated condemnation at home and abroadwhile deeply discomfiting American military leaders who have made a career of upholding the laws of war.
“We will follow the laws of armed conflict,” Mr. Esper said at a news briefing at the Pentagon when asked if cultural sites would be targeted as the president had suggested over the weekend. When a reporter asked if that meant “no” because the laws of war prohibit targeting cultural sites, Mr. Esper agreed. “That’s the laws of armed conflict.”
The furor was a classic controversy of Mr. Trump’s creation, the apparent result of an impulsive threat and his refusal to back down in the face of criticism. When Mr. Trump declared on Saturday that the United States had identified 52 potential targets in Iran if it retaliates for the American drone strike that killed Maj. Gen. Qassim Suleimani, none of those targets qualified as cultural sites, according to an administration official who asked not to be identified correcting the president…..
Note…
….our president has declared that cultural destruction is our right. Likely, it is a test, to see how far he can transgress the old boundary lines between civilized and barbaric behavior. He was elected after embracing torture, which was once thought to be across the line, in the dark zone. In his tweets on Sunday, he added the wanton destruction of culture to the list, too….
I have never served in the U.S. (or any other) military, but my general understanding (as it seems to be to military lawyer Lindsey Graham and no doubt also Robert Barr), is that:
(1) U.S. soldiers, sailors, airmen and Coast Guardsmen swear that they will faithfully follow all lawful orders, not every order that might conceivably be made;
(2) Therefore, they have the right to disobey or not execute an unlawful order (e.g. Major Medina’s order to Lt, Calley to “waste ’em”…“all of them”).
(3) In fact, they have a duty, as well as a right, to disobey certain orders, such as those which violate the Laws of War;
(4) Destroying purely cultural or religious target violates the Laws of War (despite their deliberate targeting by both Nazi Germany — called “Baedeker bombing” after the name of a popular tourist guide — and the Allies in World War Two, and the more recent deliberate targetting of schools, kindergartens, clinics and hospitals by Syria and her allies);
(5) The so-called Nuremberg Doctrine says that all those who obey and execute such unlawful orders (e.g. war crimes) face direct individual criminal liability unless they can make a credible showing that they could not disobey such orders without risking grave (e,g, deadly) consequences to themselves, their comrades or their families;
¶ Therefore, I think that an aviator, drone pilot, gunner or commander (let alone a Joint Chief or a service Secretary) who obeys the President’s unlawful order to destroy cultural monuments might in theory face trial as a war criminal.
I don’t think that the U.S. is a party to the statute that established the International Criminal Court, so extradition of such a potential defendant from the U.S. might not be possible. But on the other hand, he or she might face arrest and extradition when travelling to many foreign countries.
As the crowd chanted “Death to America”, etc, the General’s remains were paraded in a Chevy truck.
Breaking….
Jim Sciutto
This is very significant:
“At approximately 5:30 p.m. (EST) on January 7, Iran launched more than a dozen ballistic missiles against U.S. military and coalition forces in Iraq. It is clear that these missiles were launched from Iran.” – Pentagon
I do NOT think America and Iran will get in a shooting war…
We’ll see if I’m right
This rocket attack will play well for Iran’s leaders domestic politics …
How or IF Trump responds is gonna be important…
There IS gonna be be YUGE media expectation for a Trump response for sure…
Will that lead to a whose balls are bigger walk into trouble for both sides?
Unl if there are casualties at the Iraqi airbase
There are reports that Trump may go the TV…