COMMENT 2 INT LAW Essay Example | Topics and Well Written Essays - 750 words

COMMENT 2 INT LAW - Essay Example In the case at bar, assuming that the Red Cross emblem was put up to lure soldiers into vulnerable positions, the soldiers can legally fire on the building and against the insurgents occupying the building. Many experts acknowledge that the Red Cross emblem may be used by both conflicting parties. And â€Å"once the unity of the emblem is breached, its protective value –and hence the safety of the wounded and the medical personnel—is threatened† (International Committee of the Red Cross and the Red Cross Crescent, p. 6-7 as cited by McCormack, p. 266). However, as the commander of the platoon engaged in armed conflict with the insurgents, it is my obligation to ensure that no unnecessary harm is visited upon civilians, the wounded, and the Red Cross personnel in the hospital building. Therefore, an air strike on the building would be out of the question because it would potentially bring harm and danger to civilians and medical personnel in the building. The Hagu e Rules of Warfare emphasize that aerial bombardment is legitimate only when directed at a military objective and in case such objective is established, aerial bombardment cannot be carried out if possible harm to the civilian population may be caused (Article 24: 3). The International Committee of the Red Cross Draft Rules of 1956 also sets forth that distinctions should be made between military and civilian objects in warfare. They emphasize that â€Å"the obligation to respect the distinction between military and non-military objectives as well as persons participating in hostilities and members of the civilian population remains and fundamental principle of international law†. Therefore, in neutralizing the situation at hand, I will order return fire via automatic weapons directed to the second floor of the building. If possible, snipers should be called in to fire on the