The threat to take no prisoners in a conflict is illegal under US and international law
US War Secretary Pete Hegseth is facing accusations of violating domestic and international laws prohibiting war crimes by declaring that “no quarter” or mercy would be given to Iranian forces.
The legal definition of the term means surrendering Iranian soldiers would be executed by American troops rather than taken prisoner. US officials and legal experts have responded by accusing Hegseth of encouraging war crimes.
”We will keep pressing. We will keep pushing, keep advancing. No quarter, no mercy for our enemies,” Hegseth said at a press briefing on Iran on Friday.
Some US officials and legal scholars have argued that the remarks went beyond tough rhetoric and strayed into criminality.
Senator Mark Kelly of Arizona blasted Hegseth, saying his comment “isn’t some wannabe tough guy line” but rather an illegal order that jeopardizes US military service members. It also shows “there was never a clear strategy for this war,” the lawmaker added.
Dan Maurer, a retired US Army lieutenant colonel and judge advocate, published a hypothetical memo Hegseth should receive from the Pentagon legal counsel, informing him of criminal liability for himself and any subordinate who followed his directive to deny quarter.
The Hague Convention and the Geneva Convention forbid harming enemy combatants unable to defend themselves or who have surrendered and explicitly prohibit declaring “that no quarter will be given.”
These rules are enshrined in US domestic law. The 1996 War Crimes Act directly cites the article banning “no quarter” in its definition of war crimes.
The US military has prohibited orders to take no prisoners since 1863, when US President Abraham Lincoln issued the Lieber Code during the Civil War.
Hegseth has previously dismissed concerns about international law, claiming he would not abide by “stupid rules of engagement” and “politically correct wars.”
His remarks also come two weeks after a US strike on a girls’ school in southern Iran that killed more than 170 people, most of them children.
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