Wouldn't here a question will rise who will decide what is illegal and legal ?
There are several sources for this.
The first is that if an act is accepted by popular consensus to be patently offensive, then that acceptance can serves one authority on what is 'legal' or 'illegal'. Mind you that we are using the words 'legal' and 'illegal' in the broadest contexts. It means that if an act is accepted to be 'legal', that mean the actor will not be punished in anyway, not even in voice, but if an act is accepted to be 'illegal', the actor will be condemned in voice
AND physically punished if possible.
For example, it is accepted that if there is an offer to parlay and if that offer is accepted, all sides must agree that during talks, no one must commit any act of war and that all members of that conference must not be harmed.
Another example is the medic. It is accepted that the medic is immune from any act of combat as long as he restrained himself to only his medical duties and shows himself to be as such, like openly displaying the red cross symbol somewhere on his person. In fact, the medic is even allowed -- by popular acceptance -- to bear arms as long as he restrained himself to using his weapon only to protect his patients from further injuries once they can no longer engage in combat.
So popular consensus is one way of determining what is 'legal' and 'illegal'.
The second is the governments of involved in warfare, which pretty much means all governments. Each government have its own set of laws and regulations for its military as to what the military can or cannot do. One such example is the Rules Of Engagement (ROE). Granted, ROE are temporary and conditional to the immediate war zone, but at least it is indicative that a government is willing to keep itself above complete lawlessness.
The third is the formalization of what has been popular accepted such as the Geneva Convention. Armies can refer to this document to govern selves and monitor each other.
does Soldiers in US or generally ( if you as soldiers has trained with Allies ) know about Geneva conventions ?
Generally, yes. But there are limits.
As an Air Force guy, it is highly unlikely that I would be in a situation where I would meet prisoners of war (POW) or potential POWs. Whereas with an Army friend of mine, he was trained on what to do with POWs.
- Search. Make sure no one is armed and have methods of communication. Common sense enough.
- Silence. Make sure everyone is quiet. Even if they voluntarily surrendered, that does not mean they are removed from their own codes of conduct to try to escape or worse -- do you harm.
- Separation. Officers from enlisted. NCOs from lower ranks. Men from women. Soldiers from non-soldiers. For the last item -- soldiers from non -- it means you remove non-combatants from combatants. A guerrilla fighter is a civilian and a combatant, so you remove him/her from everyone else. A guerrilla fighter, sometimes called 'freedom fighter', is particularly problematic. He does not have all the protections of a non-combatant, but as a combatant, he is obligated to obey accepted rules of war and combat. This often results in confusion to ordinary soldiers on how to deal with such a person.
- Speed. Get everyone to the rear as fast as you can. Back in Desert Storm, there were Allied units that could not do this so they disarmed all the Iraqi soldiers who surrendered and point them to the rear and hope no one does anything bad.
- Safeguard. Treat the enemy wounded as if you are treating your own.
I received none of this info. Probably a sailor have better odds than an air force guy to meet this situation. So I received the most general training of the Geneva Convention and some specific training that are applicable to what an air force does, such as no bombing of non-military structures like schoolhouses, places of worships, and hospitals, unless these structures have been co-opted in the war effort by the other side.
another point here can be based on topic, does Geneva convention rules applied on Terrorists ? they are not solider's , plus wouldn't it be hard for any soldier to spare life of a Terrorist even after he surrender his weapon but killing half his fellow unit , what will be the point where the emotion of a soldier will take over his Moral Duty as a Soldier ( doesn't matter which flag he stand and fight for ) ?
The Geneva Convention applies to
ALL combatants. Here is where -- even in casual discussions -- you should try to use 'combatant' in place of 'civilian'.
A soldier is someone who is a
SWORN member of a military, which automatically make him a 'combatant', even if all he does is bring coffee to the general. When a person who is not a sworn member of a military takes up arms, he is classified under the GC as a 'combatant' and is obligated to certain rules of war.
https://ihl-databases.icrc.org/appl...6739003e63bb/6fef854a3517b75ac125641e004a9e68
See Article 4A(2).
Such a person is legally
BOTH a civilian and a combatant.
If a person who takes up arms but
DOES NOT obey Article 4A(2), that does not give any legal permission for any soldier to simply kill him on capture, whether he surrendered or was overpowered. The label 'terrorist' is political in scope and perhaps hyperbolic in language, but as far as the GC is concerned, the moment he is disarmed and under restraints, there are no legal permissions to simply kill him. Any violation make the soldier liable to charge of war crime.
I can relate what you say from the D-Day invasion of Europe by the US forces , landing on the beach (forgot the name) under heavy German Machine gun firing i really doubt any soldier would have thought to see the other day but do know that by the end of the day, their fellow soldiers will be on the other side .
We can go back further to the Doolittle Raiders. Every man knew it was a one-way mission. They were to drop bombs on JPN and knew the bombs they had would produce next to nothing military results. Then they would have to fly to China, bail out, and hope to survive. Short term gain was nothing while long term gain was dubious at best. No one was ignorant of that and all flew.