JURIST Staff
The author, a former UN war crimes prosecutor and current professor of US National Security Law, argues that Secretary of Defense Pete Hegseth's call to "unleash overwhelming and punishing violence" without "politically correct rules of engagement" represents a dangerous abandonment of the Laws of Armed Conflict that could expose American service members to war crimes prosecution, undermine troop morale, alienate allies, and ultimately lead to long-term strategic failure despite any short-term tactical gains...
“We unleash overwhelming and punishing violence on the enemy. We also don’t fight with stupid rules of engagement. We untie the hands of our warfighters to intimidate, demoralize, hunt, and kill the enemies of our country. No more politically correct and overbearing rules of engagement, the military will “kill people and break things for a living.”
-Pete Hegseth, Secretary of Defense*
In a world where the nature of warfare is increasingly complex, the words of Secretary of Defense Pete Hegseth provoke both concern and reflection. His declaration that the military will “unleash overwhelming and punishing violence” and “kill people and break things for a living” signals a stark departure from established norms governing warfare, particularly those enshrined in the Laws of Armed Conflict (LOAC). As tempting as it may be to simplify combat to brute force, doing so undermines not only the moral fabric of our military strategy, but also the very principles that protect our servicemen and women, as well as innocent civilians caught in harm’s way.
With these words the Secretary of Defense sent a dangerous signal to senior commanders that they aren’t bound by the rules of war. It must be noted that the Secretary of Defense is part of the National Command Authority and is liable for any and all violations of the LOAC committed by US Armed Forces as well as by President Trump as Commander in Chief. Individual criminal responsibility attaches to the chain of command of units who violate international law to include the President and his Secretary of Defense.
Ignoring the LOAC can have dire consequences, not just for global stability but also for the individuals who serve in our armed forces. One of the most immediate dangers is that such an approach opens the door to allegations of war crimes and crimes against humanity. The principles of the LOAC—military necessity, unnecessary suffering, discrimination, and proportionality—exist to protect not only the rights of affected populations but also the integrity of those who engage in armed conflict. When these principles are cast aside, the implications for US Armed Forces are profound.
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