Original article by Jake Johnson republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

“The Pentagon’s law of war manual states unequivocally that such statements are war crimes,” said a legal scholar who previously worked in the Pentagon’s office of general counsel.

Pentagon Secretary Pete Hegseth’s statement last week that “no quarter” will be given to “our enemies” in Iran—a declaration, in military parlance, that surrendering combatants will be executed rather than taken prisoner—constituted a clear violation of international law and a war crime.

The International Committee of the Red Cross explains that “the prohibition on declaring that no quarter will be given is a longstanding rule of customary international law already recognized in the Lieber Code, the Brussels Declaration, and the Oxford Manual and codified in the Hague Regulations.” The Hague Convention of 1907, to which the US is a party, says it is “especially forbidden” to “declare that no quarter will be given.”

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During a press conference on Friday, Hegseth said that US forces attacking Iran “will keep pushing, keep advancing; no quarter, no mercy for our enemies.”

Hegseth’s statement sparked alarm among legal experts and members of Congress, particularly in the context of the Pentagon chief’s ongoing efforts to loosen legal oversight of American forces and roll back rules aimed at protecting civilians.

“’No quarter’ isn’t some wannabe tough guy line—it means something,” said Sen. Mark Kelly (D-Ariz.), a retired US Navy officer. “An order to give no quarter would mean to take no prisoners and kill them instead. That would violate the law of armed conflict. It would be an illegal order. It would also put American service members at greater risk. Pete Hegseth should know better than to throw around terms like this.”

Oona Hathaway, a legal scholar and former special counsel to the Pentagon’s general counsel, wrote in response to Hegseth’s remarks that “declaring that no quarter will be given unequivocally violates international humanitarian law.”

“Indeed, ordering that no quarter will be given, threatening an adversary therewith, or conducting hostilities on this basis is prohibited and constitutes a war crime,” Hathaway added.

Daniel Maurer, a retired Army lieutenant colonel and judge advocate—a profession that Hegseth has treated with contempt—wrote a “hypothetical legal memorandum” advising the Pentagon chief to “publicly retract” his “no quarter” statement, warning that it “may expose you to criminal liability under 18 USC 2441(c)(2), and expose any subordinate servicemembers who carry it out to prosecution under the Uniform Code of Military Justice as well as 18 USC 2441(c)(2).”

Maurer continued:

Given that “no quarter” is a clear violation of the Hague Convention IV and, as a consequence, U.S. federal law, we recommend the following immediate actions:

a. Publicly retract the comments and disavow any intention to induce, inspire, counsel, encourage, incite, order, threaten, tolerate, or give “no quarter” to Iranian combatants.

b. Communicate through the chain-of-command conducting Operation Epic Fury that “no quarter” is a war crime that will be thoroughly investigated and prosecuted under the Uniform Code of Military Justice or 18 USC § 2441.

Hegseth’s declaration of “no quarter” conflicts with US President Donald Trump’s statement late last month announcing the illegal war on Iran, which is now in its third week with no end in sight.

Urging Iranian soldiers to lay down their arms, Trump pledged, “We’ll give you immunity.”

Ryan Goodman, founding co-editor-in-chief of the digital law and policy journal Just Security, told Axios that Hegseth is “putting the American military on a track to lawlessness in which we will lose more and more allies.” Goodman noted that in the wake of the Second World War, the US prosecuted senior German military officials for refusing quarter to enemy soldiers.

“The best thing Secretary Hegseth can do for the country and for the US military is to say he misspoke and to retract the statement,” said Goodman, who previously worked in the Defense Department’s office of general counsel. “The Pentagon’s law of war manual states unequivocally that such statements are war crimes.”

Original article by Jake Johnson republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

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