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                         April 4, 2003

Murphy's Law

Commentary by Capt. Patrick Murphy
USMA Dept. of Law

William Bradford, one of the great pilgrims and second governor of Plymouth, said, "Thus out of small beginnings greater things have been produced…as one small candle may light a thousand, so the light here kindled hath shone unto many, yea in some sort to our whole nation."

This week we are witnessing many new beginnings. On the lighter side, we are witnessing the beginning of our national pastime. It looks to be a great baseball season. Not just for my hometown Philadelphia Phillies, who will win the NL East, but also for the Boston Red Sox, as they will finally dethrone the Yankees to win the AL East.

On a more serious note, we are two weeks into the beginning of Operation Iraqi Freedom. The success of our military forces, as well as Britain’s, has been quite impressive, with our troops within a few miles of Baghdad. But it has come at a price. As of Wednesday, the U.S. death toll was 44, with seven captured and 16 missing. Twenty-six British troops are also reported as killed in action.

Law of War
Last Saturday, four Americans soldiers from 3rd ID were killed when they tried to assist a civilian taxi driver waiving for help at a checkpoint. This was a clear violation under the laws of war.

This suicide bomber, posing as a civilian, was an unlawful combatant and committed a war crime. How is he remembered by the Iraqi regime? With two posthumous decorations.

"We will use any means to kill our enemy in our land and we will follow the enemy into its land," Iraqi Vice President Taha Yassin Ramadan said. "This is just the beginning. You’ll hear more pleasant news later."

Killing their own civilians for waiving at our forces, forcing their men to fight at gunpoint, using human shields, using schools and hospitals as military command and control centers, are just a few of the examples of how their regime continues to violate the law of war.

But fighting honorably is what the profession of arms is all about. For centuries, certain rules have always applied during warfare.

The Geneva Conventions, the Hague Convention, customary international law and other international agreements spell out exactly what conduct the international community must adhere to during war. Our own DoD directives, Army policies and rules of engagement spell out exactly what we, as soldiers, can and cannot do.

We follow the law of war. We know this. That is why more than 86,000 Iraqis surrendered during the Persian Gulf War. They know we treat prisoners of war humanely, by providing medical attention, food, water, shelter and their eventual return to their families after the hostilities are over.

That is why every cadet learns about the law of war during their time here at West Point, why every soldier is briefed and trained to standard and why some cadets even major in law to gain an in-depth appreciation on the law and policies we follow.

West Point as a Target
We must continue to be vigilant on the home front as well.

A year and a half ago, only fifty miles south of West Point, terrorists committed the greatest criminal act in the history of the United States. Although there has never been a terrorist attack against West Point, it is a national treasure and a potential target.

As such, we must all be vigilant for possible threats. Be particularly conscious of:

n Individuals asking questions about USMA security measures or capabilities.

n Unattended packages or devices.

n Individuals loitering in sensitive areas, particularly the cadet barracks area.

n Individuals measuring routes or access points.

n Unattended vehicles parked illegally near sensitive areas.

If you do see something suspicious, immediately contact the Military Police at 938-3333 or the Security Office at 938-7372.

The MPs, as well as the super troops at West Point, provide for our safety and have an awesome responsibility. We should make sure we let them know we appreciate the jobs they are doing.

If you ever receive a bomb threat over the phone, turn to the bomb worksheet listed on the back inside cover in the West Point Phone Directory and follow the instructions.

Planning courses of action now may well be an essential difference on how you handle a situation in the future.

Conclusion
I believe President Bush and our leadership have a dream -- a free Iraqi people.

Let’s hope that we keep up the successes of implementing our Commander-in-Chief’s plan so that the Iraqi people see freedom is not just a dream but a reality.