a war criminal. He contended that he had committed no crime in shooting the prisoners,
arguing that he had done the only thing feasible to prevent their return to combat and that
he had made every effort to see to it that their injury was not fatal. Assuming these are
the facts, the commander has nevertheless violated the laws of war.
5. Military medical personnel that are captured should be allowed to care for fellow
prisoners who require medical attention.
6. Although personnel of aid societies of neutral countries must be returned as soon as
possible, hostile military medical personnel that are captured may be retained for the
duration of hostilities even if there are no are no prisoners who require medical attention.
The following fact pattern is for questions 7-9 only. Your patrol is operating in enemy
territory. An enemy soldier is captured by your unit. Your unit is forced to rapidly pull
back to a secure position. Platoon leader, LT Z, contacts the company commander by
radio. The company commander tells LT Z: "Take care of the prisoner." LT Z orders the
captive shot.
7. The individual who does the shooting:
A. may not be charged if it can be proven that the shooting was ordered by a
senior officer.
B. may not be charged if LT Z is charged.
C. may be charged regardless of A. or B. above.
D. may not be charged because of the imminent military necessity.
8. Which of the following best describes LT Z's liability.
A. LT Z can only be charged personally if he shot the prisoner.
B. LT Z cannot be charged since he received an order to shoot the prisoner.
C. LT Z cannot be charged unless it can be shown the captive was a PW.
D. LT Z can be charged even though he did not shoot the prisoner.
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