Forcing a safeguard is a
war crime of violating a
safeguard
A safeguard, in international law, is a restraint on international trade or economic development to protect communities from development aggression or home industries from foreign competition.
In the World Trade Organization (WTO), a member may t ...
, which is an order to protect a property, locations or persons obtained from the enemy or neutral parties, or a guard or guard detachment to enforce this protection. In the United States, forcing a safeguard is
punishable by death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
per
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
(UCMJ).
[10 U.S. Code § 902 - Art. 102. Forcing a safeguard. https://www.law.cornell.edu/uscode/text/10/902]
A safeguard is often placed by a commanding officer in order to prevent
looting
Looting is the act of stealing, or the taking of goods by force, typically in the midst of a military, political, or other social crisis, such as war, natural disasters (where law and civil enforcement are temporarily ineffective), or rioting. ...
, pillaging or wanton destruction of enemy property, or to prevent unauthorized requisitioning of goods. The commanding officer can often spare only an individual soldier or a small detachment to enforce the safeguard. Overpowering the guards to loot the goods constitutes forcing a safeguard.
[https://www.jordanucmjlaw.com/articles/article-102-forcing-a-safeguard/ Article 102 Forcing a Safeguard] Another type of safeguard is a written order left with the enemy or his property,
with the intent to protect surrendered enemies from further violence. By placing the safeguard, the officer pledges the honor of his military to protect its target. Thus, violation of the safeguard by personnel from the same military jeopardizes the reputation of the entire country and its military.
[https://www.bileckilawgroup.com/court-martial-defense/articles-of-the-ucmj/article-102-forcing-a-safeguard/ UCMJ Article 102: Forcing a Safeguard]
Conditions
In order to be convicted of forcing a safeguard, several conditions must be met:
* In the UCMJ, the crime is only applicable if the offender is currently in the military and subject to UCMJ - it does not apply to civilians, neutrals or enemy personnel, or even discharged personnel.
* The safeguard must be placed by a superior officer or commander of the offender's military. The definition does not apply to safeguards left by the enemy or other parties.
* The accused knew or should have known about the existence of the safeguard.
* The accused actually violated the safeguard in a specific manner in a specific time and place, for example by attacking the guard of a property in order to enter the property.
See also
*
List of established military terms
This is a list of established military terms which have been in use for at least 50 years. Since technology and doctrine have changed over time, not all of them are in current use, or they may have been superseded by more modern terms. However, the ...
References
{{reflist
Military terminology
War crimes