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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