 And our country is at war. Your aircraft has been hit and you're forced to bail out. Does the enemy have the right to straight you as you descend in your parachute? Does he have the right to fire at you while you're down at sea? What right do you have under international law as a combatant without means of defense? As a combatant who is sick or wounded? As a prisoner of war or turn the coin over, what are your obligations to enemy troops who are defenseless? To enemy sick or wounded? To prisoners taken by American forces? What are your obligations to enemy civilians and their personal property? Civilians of every kind and description including women and children. We're talking not only about aircrew members. We're talking about everybody in the Air Force who may find himself in an armed conflict. War has been a fact of life in man's history. It brings out the best in man sometimes and it brings out the worst. Rape, looting, senseless murder, terrorism, and every conceivable form of brutality and atrocity. In the last several hundred years, human rights have increasingly gained mankind's attention. We helped get it started with the Declaration of Independence, the Constitution, and the Bill of Rights. But what about human rights in war? What do we owe the victims of war? Throughout man's history there's been increasing concern with the brutality of war and how to prevent it. One way of course is to stop wars but mankind has not been too successful at that. However, the basic human rights of war victims are protected by the International Law of Armed Conflict. That law applies both to countries fighting and directly to the combatants, soldiers, sailors, and airmen. It applies to declared wars like World War II and undeclared wars like Vietnam and Korea. It tells us what we can do and what we can't do. Basically it's a question of what's right and what's wrong. Central to its concepts are discipline, integrity, and self-control. Although the emphasis is new, the law is not. It's been with us a long time. During the Revolutionary War it was charged that 20,000 American PWs died of disease, hunger, and suffocation on British prison ships. Following the war and independence, our new nation wanted better protection for our PWs in future wars. One of the first treaties signed by the new United States was a treaty with Prussia ratified May 17, 1786. Besides outlawing state piracy, the treaty specified detailed rights for prisoners of war and non-combatants in enemy territory. Later, during the Civil War, at President Lincoln's request, Francis Lieber wrote a complete code for the government of armies. This Lieber code was the first modern law of armed conflict actually used on the battlefield. During the Franco-Austrian War of 1859, Henri Dunant of Switzerland saw so much brutality on the battlefield that he devoted the rest of his life to protection of war victims. His efforts helped create the International Red Cross and led to the first Geneva Convention in 1864 to protect hospitals and the sick and wounded under international law. A later diplomatic conference in 1949 adopted further agreements. These are four separate treaties known as the 1949 Geneva Conventions for the Protection of War Victims. Over 140 nations have agreed to the principles of these treaties. One of these treaties, the Geneva Convention on the Treatment of Prisoners of War, covers the manner in which prisoners of war are to be treated by nations in conflict. The philosophy behind this treaty was stated by Jean-Jacques Rousseau, philosopher and citizen of Geneva, Switzerland, in the 18th century. He said that a combatant in war, quote, has the right to kill the defenders of the enemy state whom he encounters with arms in their hands. But as soon as they lay down their arms and surrender, they cease to be enemies. They become men and one no longer has the right to take their lives. The 1949 Geneva Prisoner of War Convention states that enemy prisoners are in the hands of the country which captures them and that country is responsible under international law for everything that happens to them. The convention recognizes the human rights of prisoners of war. Basically, prisoners must at all times be humanely treated. They must be protected against physical abuse, mutilation, medical or scientific experiments, acts of violence and intimidation. They are entitled at all times to respect for their person and their honor. Under the convention it is unlawful to torture a prisoner, either physically or mentally, or to use force to obtain any kind of information from him. A person cannot legally be punished for refusal to answer. Reprisals punishing one person for the offense of another are prohibited. Women captives must be accorded treatment at least as favorable as that given to male prisoners. They must also be provided with appropriate care and facilities due to their sex. Regarding quarters, the convention requires that prisoners of war be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Prisoner of war camps may not be located where they may be exposed to the fire of the combat zone, nor may they be used to render areas immune from military operations. The treaty requires that food must be sufficient in quantity and variety to keep the prisoners of war in good health without loss of weight. The convention requires that the captor take all sanitary precautions necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics. Every camp must have an infirmary where ailing prisoners of war may be treated. Prisoners suffering from disease or needing surgery must be admitted to a hospital where such treatment can be given. They must be permitted to enjoy the right to practice their own religion. Captured chaplains and medical personnel are not considered prisoners of war. They have a special status to enable them to visit prisoners and minister to their needs. In short, the convention tries to preserve humane and decent conditions to all prisoners in a conflict. It hasn't always worked out too well, but there is no alternative that's any better in today's world. As the chairman of the Joint Chiefs of Staff said, many are alive today only because of the mutual restraint imposed by the rules of armed conflict. In addition to the prisoner of war convention, there are two 1949 Geneva Conventions which protect the basic rights of sick and wounded and the people who take care of them. One deals with the sick and wounded on land and the other with hospital ships and the sick and wounded at sea. The first convention requires that all possible and prompt steps be taken to search for and collect the wounded and sick and to protect them against pillage and ill treatment to ensure their adequate care and to search for the dead and make sure they are properly buried. The convention requires that the wounded and sick be respected and protected under all circumstances and treated humanely. No adverse discrimination can be based on race, nationality, sex, religion, political opinions or any other similar criteria. In short, enemy sick and wounded, whether soldiers or civilians, are entitled to be treated and protected in the same manner as your own sick and wounded. The second convention protects wounded and sick and shipwrecked persons. Shipwrecked includes airmen forced to land at sea. The shipwrecked, whether sick, wounded or healthy, cannot be attacked. Likewise, airmen descending by parachute from disabled aircraft over land or sea are protected from attack. The convention also protects hospitals, medical transport and medical personnel from being attacked and requires respect and protection for them at all times. This protection applies to various forms of medical transport, ambulances, hospital ships and medical aircraft. Special rules to protect medical aircraft are found in this treaty. Medical personnel themselves are given special treatment because of their humanitarian tasks of caring for all sick and wounded, civilians, enemy soldiers and airmen and our own captured military personnel. The emblem of the medical service of most countries is the Red Cross. A few countries use the Red Crescent or the Red Lion and Sun on a white background. The emblem is authorized only to identify personnel and facilities that are protected. The Red Cross symbol must not be misused. The protection given to hospitals, medical equipment and personnel may be lost if they are used other than to care for the sick and the wounded, such as being used directly to fight. The law of armed conflict emphasizes the protection of civilians as well as combatants. It serves to guarantee their basic human rights in war, including those with different faces, colors, religions or political views than ours, both enemy civilians and our friends and allies. Human rights belong to all. Atrocities committed by the Germans in Europe during World War II and by the Japanese in the Far East were quite common. The lack of a detailed and comprehensive treaty establishing standards of humane treatment for civilians was a major void in the law. I was thrown out of Berlin the same day the U.S. entered World War II. At the end of that war, I covered the Nuremberg Trials. I personally saw and heard the testimony and the evidence. I know what atrocities man can commit against man. Treaties like the 1907 Hague Convention specified in a general way minimum protections due to civilians in war zones. They were to a great extent the legal basis for the Nuremberg Trials. But following World War II, all nations agreed on more specific guidelines for the protection of civilians in war zones and in occupied territory. This resulted in the Geneva Convention for the protection of civilians in time of war. In a conflict, you may find yourself in a war zone. The local population may be hostile or friendly to you. In all cases, the Geneva Convention controls the relationship between you and enemy civilians in your territory and in enemy territory that Americans occupy. The convention is based on what civilized people everywhere consider right and wrong. Basically, it is saying that the fact that you're dealing with enemy aliens does not give you or them license to commit criminal acts against each other. They're not free to murder you. You're not free to abuse them. In your relationships with enemy civilians, the convention requires you to respect, quote, their persons, their honor, their family rights, their religious convictions, and practices, and their manners and customs, unquote. You must treat them humanely and avoid threats, insults, and acts of violence against them. The convention protects women against rape and forced prostitution or any form of indecent assault. Regardless of age, sex, or state of health, all civilians must be treated with the same consideration without regard to race, religion, or political opinion. The convention strictly forbids causing the physical suffering of civilians in your hands. This includes not only murder, torture, beatings, mutilation, and medical or scientific experiments, but also any other measures of brutality whether applied by civilians or the military. Civilians may not be punished for offenses they have not personally committed. You may not steal their property or take them hostage. If they themselves have committed an offense, only a court in accordance with due process of law can punish them. There are several articles in the Geneva Convention which deal with the treatment required for civilians interned or detained for security reasons by the occupying power. The rules are similar to those protecting prisoners of war regarding humane treatment and standards for food, clothing, hygiene, medical care, religious, intellectual, and physical activities. In addition, there are judicial safeguards to assure that persons who are in custody receive a fair trial if they are charged with crimes. So far, we've been talking about protections specified in the Geneva Convention and the basic rules set forth there. But the law of armed conflict concerns broader questions about how wars are fought, who fights, what is a fair target, what is a proper weapon. One vital distinction is between what is called combatants or members of fighting forces and non-combatants or civilians, and sometimes the lines are indistinct. Basically, there are rules which cover both. For example, combatants wear uniforms and carry arms openly so they can be distinguished from civilians. No special type is required, but their character as combatants must be identified. Combatants, unless they are surrendering, are proper objects of attack. Civilians are not legitimate targets of attack as such. They are protected under international law, and every soldier, sailor, and airman must try to avoid or minimize incidental injuries to civilians when attacking military objectives. Since weapons are not precision instruments, since civilians are often used in the war effort and sometimes even fight the wars, there will always be incidental civilian casualties. But the object of any attack cannot be civilians or civilian property, which is not a military objective. Churches, museums, cultural and charitable buildings and historical monuments may not be attacked. They should be marked by distinctive and visible signs or be readily identifiable. If used for military purposes, they may forfeit their protection and become legitimate military objectives. In sea warfare, enemy military ships may be attacked, destroyed, or captured outside neutral jurisdiction. But local fishing vessels not taking a direct part in the conflict are exempt from seizure or destruction. Special rules are designed to attempt to protect merchant shipping not taking direct part in hostilities. Scheduled civilian airliners belonging to an enemy state and flying over its own territory or over the high seas may not as a rule be attacked, unless for special reasons they represent a valid military objective. The rules of war also govern what kinds of weapons are legal. Restrictions exist on certain kinds of weapons like dumb dumb bullets and poison gas. The law requires restraint. The law of armed conflict is inspired by the humanitarian desire of all nations to diminish the cruel conditions of war and to alleviate the suffering of its victims. It's an integral part of military discipline, law and tradition. Military forces act on behalf of their nation. Being a soldier or airman is not licensed to commit criminal acts. Self-control and self-discipline, those are the keys. Compliance with the law also serves practical military purposes including military effectiveness. Violations, for example, embitter an enemy and strengthen his will to resist and they cause the loss of our own self-respect. There's no dignity, no honor and no benefit in attacking or mistreating civilians or defenseless persons like PWs. Violations also complicate the peace which inevitably follows war. There are many reasons for nations to comply with the law of armed conflict. One of them is reciprocity. If one country indiscriminately kills the prisoners of war it captures or civilians, its opponent may be inclined to retaliate in kind or worse. The opinions of the world community and the pressures of neutral countries not involved in the conflict also encourage nations to live up to the law. Violations embarrass the nation responsible for them. War crimes tribunals such as the Nuremberg trials are a powerful incentive to abide by the law. And that law is part of our law. It is a violation of the Uniform Code of Military Justice to fail to follow the rules of war. The law of armed conflict represents the highest humanitarian ideals of civilized people. The United States and the Department of Defense support the law and expect and require that you live up to it. Details are specified in Air Force publications. It expresses principles that are in harmony with our own national beliefs and traditions. U.S. policy is one of adherence to the law of armed conflict. In following this policy our government knows that there have been many violations by our enemies in recent wars. And it would be naive to presume that violations will not occur in the future. Nevertheless, adhering carefully to the law of armed conflict serves our own interests. It encourages reciprocal compliance and it highlights to the world any enemy violations. It's important that you be familiar with the law of armed conflict. Our national reputation and your own well-being are at stake.