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107 Mil. L. Rev. 71 (1985)
Command Responsibility and a Case Study of the Criminal Responsibility of Israeli Military Commanders for the Pogrom at Shatila and Sabra

handle is hein.journals/milrv107 and id is 77 raw text is: COMMAND RESPONSIBILITY COMMAND RESPONSIBILITY AND A CASE STUDY OF THE CRIMINAL RESPONSIBILITY OF ISRAELI MILITARY COMMANDERS FOR THE POGROM AT SHATILA AND SABRA by Lieutenant Commander Weston D. Burnett* The soldier, be he friend or foe, is charged with the pro- tection of the weak and unarmed. It is the very essence and reason for his being. When he violates this sacred trust, he not only profanes his entire cult but threatens the very fabric of international society. The traditions of fighting men are long and honorable. They are based upon the noblest of human traits-sacrifice. -From the order of General of the Army Douglas MacArthur, Jr. confirming the death sentence of General Yamashita' I. INTRODUCTION In Dubno in the Ukraine on October 5, 1942: Without screaming or weeping these people undressed, stood around in family groups, kissed each other, said farewells and waited for a sign from another SS man, who stood near the pit, also with a whip in his hand. During the fifteen minutes that I stood near I heard no complaint or plea for mercy. I watched a family of about eight persons, a man and a woman both about fifty with their children of *Judge Advocate General's Corps, United States Navy. Currently assigned as an In- structor, Civil Law Division, Naval Justice School, Newport, Rhode Island, 1983 to present. Formerly assigned to the Administrative Law Division, Office of The Judge Advocate General, U.S. Navy, 1978-82; Naval Air Station, Cubi Point, Philippine Islands, 1977-78; Naval Legal Service Office, Subic Bay, Philippine Islands, 1976-77. LL.M., George Washington Unviersity, 1983; J.D., George Washington University, 1975; B.A., Vanderbilt University, 1972. Member of the bar of the Commonwealth of Virginia. The opinions and conclusions expressed in this article are those of the author and do not necessarily reflect the views of the Naval Justice School, the Department of the Navy, or any other governmental agency. 'Order of General Douglas MacArthur confirming death sentence of General Tomoyuki Yamashita, February 6, 1946, reprinted in 2 L. Friedman (ed.), The Law of War: A Documentary Study 1598-99 (1972) 19851

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