US Military War Crimes: Firing on Shipwrecked Civilians is Illegal

Illegality of Attacking Shipwrecked Individuals

• 🎯 The Department of Defense Law of War Manual explicitly states that orders to fire upon shipwrecked individuals are clearly illegal.
• ⚠️ This is highlighted in Section 18.3.2.1 of the manual, making the act a textbook case of illegality.
• 🚢 Firing on individuals after their ship has been destroyed and they are shipwrecked constitutes a war crime.

Commander Responsibility and Refusal of Illegal Orders

• ⚖️ Commanders bear responsibility for war crimes, not necessarily the individual sailors who carry out orders.
• 🛡️ The manual mandates that sailors have a requirement to refuse illegal orders, including those to fire on shipwrecked persons.
• 🚨 A sailor's refusal, stating "This is a war crime, sir. I'm sorry. I won't do that," is a legally protected stance.

Broader Legal and Ethical Implications

• 🚫 Even if individuals were involved with illicit activities like drug trafficking, they are considered non-combatants under the laws of war.
• 📜 The principles behind these laws, including those from Nuremberg conventions, are in place to protect not only foreigners but also Americans in similar situations.
• 🗣️ The speaker notes the irony of those who criticized past drone strikes remaining silent or encouraging similar actions in this context.