you does understand it you will certainly misreport it even more. That is one reason why I have my own camera crew here.' Carrera's finger pointed to a small uniformed group with their own video cameras from the PSYOP crew.
'I intend to speak to the men in Spanish,' he told the journalists. 'If you can speak Spanish, you can follow along. If you cannot, fuck you, I am not going to bother to translate though a translation of the gist of it will be provided sometime later.'
Switching to Spanish, Carrera continued, addressing his men. 'This is a tale of two hills and one law. The hills you see behind me. One of them you just conquered. The other was taken by the Third and Fourth Cohorts in an action every bit as gallant as your own.
'On your hill you found evidence of a crime committed by the enemy upon our comrades. On the other hill, there was no such evidence. The result is plain to see.' Again Carrera pointed, this time at the several hundred Sumeris sitting-either dejectedly or with relief as the mood took them-under guard by the MP century. 'There are many prisoners from the unoffending hill; none from the hill and unit responsible for the murder of our men.
'Some of you are looking very dejected. Whether that is because you lost friends in the assault-and let me assure you here and now that our casualties were very light, certainly in comparison to the magnitude of the task-or because you feel dirty at shooting men who were trying to surrender, or because you are worried about some future criminal action against you, FORGET IT! Your friends are in good hands, you no more committed a crime than an executioner does when he sets the rope around the neck of the condemned. I gave the order to shoot those men.' Never mind that you would have done it, anyway, if I hadn't. That isn't important right now. Besides. It's my doing that you're here, my doing the way you've been trained. So if there is fault or blame, they are mine.
'I know you have all had instruction in the law of war. I directed that that instruction take place. I monitored it. Let me tell you now that that instruction was incomplete. Almost in the nature of things, for it to be complete would have taken weeks, and we did not have extra weeks. So, like every other worthwhile soldier on the planet, you were trained in a truncated version of the law of war, enough to keep you out of trouble. There was more.'
Carrera rather hoped that the men wouldn't begin to nod off once it became apparent he intended to teach a class. He needn't have worried; the men were desperate enough for absolution and benediction that he had their full and complete attention.
'You learned that there are two bodies of law with regard to the law of war, the statutory law-treaties and such-and the customary law. There is a third which one might call 'the common law' of war. The common law of war is that which, like other bodies of common law around the world, was developed by practical men for practical problems. It was not developed by ignorant shits trying to score points with the equally ignorant ' international community of the very, very sensitive.' The third body of the law of war holds, for example, that men who refuse to surrender and keep on fighting after you have closed to close combat range are to be killed.
'This sounds harsh, I know. Indeed it sounds illegal since surrender is held in many circles to be an absolute right. It is neither. In the first place, every man who ever went into a close assault with a fixed bayonet has an absolutely pat insanity defense. Thus, you cannot deter him from killing because you cannot, as a practical matter, legally punish him. Some would say that it is unwise to kill an enemy who fights too long, lest he fight to the death and drive up your own casualties. I, and the common law of war, the practical law of war, answer that without exacting a price for continued resistance, you invite the enemy to drive up your casualties by fighting almost to the death.'
Carrera's face changed to contemplative, even musing, for a moment. 'That's just an example, by the way. Yet as a fine general on Old Earth, George S. Patton, once observed, the enemy loses his right to surrender if he hasn't done so by the time you close to three hundred meters. Again, by the common law of war and as a practical matter, it just works that way and it is never punished. And, frankly, an enemy who indicates a willingness to fight beyond the point that wisdom should tell him to stop if he wants to live has already indicated he does not want to live all that much and is simply too dangerous and unpredictable to take a chance on.'
The face grew hard and cold again. 'That's not what we're talking about though, taking the enemy's life because of a potential immediate or fairly short term threat to your own. Those Sumeris up there really did want to surrender. Why did I tell you not to let them?'
Carrera looked around, slowly and deliberately, trying to catch as many eyes as he could in a single glance. 'As you probably know, there is, over on the continent of Taurus, a fairly new court, the Cosmopolitan Criminal Court, or CCC. This court purports to have universal jurisdiction over certain crimes, much as any nation's courts have jurisdiction over piracy at sea. Without going into the merits of this 'universal jurisdiction' here, let me ask you what the CCC could have done to you, or to the Sumeris, that was one whit worse than what was done here today? The answer, as I am sure you are all aware, is precisely nothing. Courts are for civilized circumstances where people can be deterred by punishment. There is nothing any court can do to anyone, and even what it could do it cannot do very quickly, that even begins to approach what we do to each other in war, routinely. The CCC, or any similar court, is toothless as far as furthering its stated purpose. It might be effective, mind you, at its true purpose which is undermining national sovereignty and the ability of the civilized world to defend itself from barbarism. That, however, is the subject for another day.
'What is important for this day is that the law of war-customary, statutory, or common-cannot be enforced by any court, ever. Because we live in an anarchic system of sovereign states, and because the stakes in war are so high, the only thing that can enforce the law of war is the law of war itself. To do this it has one recourse: reprisal. Reprisal, which I am sure you are familiar with because Tribune Puente-Pequeno, your law of war instructor, told you about it- I've heard him, is a war crime, or conduct that would ordinarily be a war crime, but which becomes legal and legitimate in order to counter or deter an enemy from violating the law of war. It is all we have, all the world has, to make the law of war work.
'Thus, I ordered you to reprise for the murder of our men. Thus,' and here Carrera stopped for a moment and pointed skyward where three Turbo-Finch Avengers were winging it northward, 'I have ordered leaflets prepared, in Arabic, to be dropped ahead of our forces, to let the enemy know what we have done and to explain to him the laws which he must follow in the future if he wishes to avoid a repetition. Thus,' and his finger pointed at the pressies, still standing in clueless (which Carrera was certain was their natural state) shock (at being treated with open contempt), 'I had those… people brought here so that they, too, can spread the word. Let everyone know that if you commit a crime against the Legio del Cid then punishment will be immediate and frightful.
'It may seem unfair to some of you, even horrifying, that we took no account of the innocence or guilt of particular individuals on that hill. The law of war assumes that there is collective responsibility. We know this for two reasons. One is that, in order to be considered a legitimate combatant, and to be entitled to all the protections due a prisoner of war, one must meet four criteria: carrying arms openly, being identifiable as a combatant, being under a chain of command- and in an organization-responsible for your actions, and being in an organization that itself follows the law of war.'
Carrera was fudging a bit there. The law did not require 'being in an organization,' exactly. It required that one operate in accordance with the law of war. Since individuals did not conduct operations, however, and organizations did, his was a logical and reasonable interpretation.
'Thus, if your organization does not follow the laws of war, even if you do, you become an illegal combatant and lose your protected status as a prisoner of war, if captured.
'The other way we know that the law of war assumes collective responsibility is in the doctrine of reprisal itself. Say, for example, that the enemy is violating the law of war by using a hospital as an ammunition storage point. We can bomb the shit out of the hospital, or even another hospital, butchering the wounded. We can do this even though the wounded committed no crime. They may still be held accountable, in practice, for the actions of their side.
'Let me conclude, then, by commenting on the nature of the particular form of reprisal we took, to wit: denial of quarter and refusal to take prisoners. These were crimes. Once again, every reprisal is a crime. They become nonculpable, legal, when engaged in to enforce the laws of war. This is what we did, nothing more. We did what was necessary to support the law of war. We are guiltless. '
Carrera turned to the Chaldean priest. 'Father Hanna, if you would give the men a general benediction and absolution…'
Hamilton, FD, 0612 hours, 15/2/461 AC
'I did warn you, Mr. Secretary, that Patrick could be hard to control.'
