CAMP VICTORY NORTH, Baghdad, Iraq – War is not anarchy. The current law of war and Uniform Code of Military Justice (UCMJ) were written to maintain order and discipline, even in time of war.
The United States is party to several treaties and conventions regarding battlefield conduct, and Soldier’s of the 1st Cavalry Division are bound by the UCMJ. Interpreting these documents, and advising the command on legally available courses of action on the battlefield is the job of Office of the Staff Judge Advocate’s office (OSJA), 1st Cavalry Division.
“If we didn’t have the law of war, we would have anarchy and chaos on the battlefield,” Maj. Jim Agar the Deputy Staff Judge Advocate said. “The law of war is not just a matter of fighting in a civilized manner. It’s also trying to convince people, that although we have a military objective and we will achieve that objective, we won’t do it at all costs. “We’re not bad guys, … we play fair … we fight fair, and that can go along way toward winning a war.”
In addition to advising commanders about conduct on the battlefield, the OSJA works issues concerning powers of attorney, wills and marriages for Soldiers deployed to this theater. Deployed troops often don’t have the time or expertise to deal with legal matters, according to Spc. Jon Coen, a court reporter.
“Our real goal is to help make the command and the Soldiers not have to worry,” Coen said. “We try to provide them with the best and most accurate service that we can. We try to make life as easy as possible for them.”
Life isn’t easy for all Soldiers who find their way to the OSJA office though. Those on the wrong side of the law may ultimately realize that they’ve made life difficult for themselves.
Agar has seen a number of punishable violations in this theater, including attempts to mail firearms home and the consumption of alcohol. According to General Order Number One, these activities are punishable under UCMJ.
“The range of punishments can go from a letter of reprimand …all the way up to a court martial,” Agar said. “We are enforcing the rule of law in our own ranks, and I hope the Iraqis see that.”
. If Soldiers think ahead and realize there are consequences to their actions, then they can prevent a lot of the violations that happen in theater, Coen noted.
He added that knowing General Order Number One and conducting yourself in a polite and professional manner could avoid a lot of unpleasantness.
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