María Teresita Armstrong-Matta at Raw Story:
Defense Secretary Pete Hegseth's offhand remark that the U.S. would show "no quarter, no mercy for our enemies," in Iran. In military context, "no quarter" means killing enemy combatants without allowing surrender.
This alarmed legal experts, who warned the statement could constitute a war crime. Even just saying it could count as a violation of international law and U.S. military code, they added.
Wall Street Journal national security reporter Alex Ward flagged the comment as violating international humanitarian law under the Geneva Convention.
Claremont McKenna College professor Jack Pitney cited the Defense Department's own Law of War Manual, which explicitly forbids declaring no quarter will be given. International Crisis Group senior adviser Brian Finucane, a former U.S. government war crimes lawyer, stated that even declaring no quarter constitutes a war crime punishable by up to life imprisonment under the DoD Manual for Military Commissions.
Stanford law professor Tom Dannenbaum confirmed declaring no quarter is prohibited under international humanitarian law and itself amounts to a war crime.
Watch the video below.
It violates international law. \
It violates the DOD manual on the law of war.
It violates US Code.
At Just Security, Daniel Mauer offers the Secretary of Defense some hypothetical legal advice:
. War Crime liability under 18 U.S.C. 2441:
a. The U.S. War Crimes statute makes it a federal offense to commit a “war crime,” subject to being “fined … or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.”
b. The statute defines “war crime” by incorporating those offenses described as “grave breaches” of the Geneva Conventions or its additional protocols and acts specifically “prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV.”
c. As stated above, Article 23(d) in that Annex is unambiguous: “it is especially forbidden . . . [t]o declare that no quarter will be given.”
d. In describing ongoing and future combat operations in the current international armed conflict between the United States and Iran, your statement “no quarter, no mercy for our enemies” likely violates Art. 23(d) of the Annex to Hague IV and thereby violates 18 U.S.C. § 2441. This interpretation is reinforced when your remarks are considered alongside your previous public comments about the Rules of Engagement, “maximum lethality, not tepid legality,” and the laws of armed conflict noted above in para. 2.b.
e. An intention to merely cause panic and terror within the Iranian armed forces is not a defense because Article 23(d) prohibits the “declar[ation] that no quarter will be given.” It is a speech offense; under normal principles of criminal law, a command to unlawfully kill another person, even if never performed, is still prohibited (“Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal” – see 18 U.S.C. § 2). Whether the order is ever consummated by your subordinates is immaterial to your criminal exposure under 18 U.S.C. § 2441.
f. Any U.S. servicemember who interprets your comments as an order and who subsequently commands, directs, orders, or gives “no quarter” to Iranian forces will be exposed to criminal liability under Article 118, UCMJ, for murder (a premeditated killing of another with no legal justification or excuse). Such an order is “patently” or “manifestly” unlawful; therefore, a servicemember accused of murder for ordering or giving “no quarter” cannot raise an “obedience to orders” defense in their court-martial. Alternatively, servicemembers would also be exposed to prosecution in U.S. district court for violation of 18 U.S.C. § 2441.