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Humanitarian Missions of the Military Department

 

Memorial Day SUMMARY of CHAPTER ONE

 

Rule 1(1) of the Standing Rules of the Senate states, In the absence of the Vice President, the Senate shall choose a President pro tempore, who shall hold the office and execute the duties thereof during the pleasure of the Senate and until another is elected or his term of office as a Senator expires. The replacement of the President of the Senate however remains to be formalized under the Sec. 2 of the XXV Amendment to the US Constitution.  The preponderance of the law and moral and material expressions of Senator Joseph Biden (D) cause him to be appointed President pro tempore for this Act under Rule 1 of the Standing Rules of the Senate.  Should this Act not be unanimously approved he shall have the privilege of adjourning the proceedings if the Cheney House be unruly.  This appointment of course obligates him to pay the author $6,500 a year in official recognition of the work under 1USC(3)§213.

 

A. This Chapter incorporates the current humanitarian situation of the US military department into the humanitarian programs already existing in the Chapter. On the 85th Anniversary of Armistice Day 11/11/1918, the following questions were submitted at exactly 11:11 AM EST 11 November 2004 by the Hospitals & Asylums National Director, Anthony J. Sanders, to the Secretary of Veteran’s Affairs, Anthony J. Principi, in pursuit of an advisory opinion regarding the Application of Art. 118 of the Third Geneva Convention HA-2-11-04 under Art. 26(1)(e)(n)(d) of the Rules of Court;

 

(1) Can the US uphold the principles of humanitarian law set forth in §2 of this Chapter?

 

(2) Can the US retire its troops from Afghanistan and Iraq §23 of this Chapter? 

 
(3) Would the US Military Department (MD) be a more peaceful, happy and successful name than the US Department of Defense (DoD)?
 

(4) Can the US Congress and 50 States amend Art. I Section 9 Clause 2 of the US Constitution that states, “the privilege of the writ of habeas corpus shall not be suspended”, by repealing the following disclaimer “unless when in cases of rebellion or invasion the public safety may require it” on the strength of Hamdi v. Rumsfield No. 03-6696.(2004) and publishing the amended clause, “the writ of habeas corpus, Latin for you may have the body, is the inalienable right of a prisoner to written trial, humane treatment and release”?  

(5) Can the US eliminate hostilities with insurgents by applying the release and repatriation clause of Art. 118 of the Third Geneva Convention relating to the Treatment of Prisoners of War in the Afghan and Iraq situations as set forth in §23 of this Chapter? 

(6) Can the US balance the budget by retraining defense spending to a sustainable $300 billion to eliminate the federal budget deficit? 

(7) Can the US construct a - “War on Terrorism” MONUMENT - listing the names, (ii) dates and (iii) organizational affiliation of (a) all US Soldiers who have died in Afghanistan and Iraq, (b) the victims of the 9-11 suicide attacks (c) any future US casualties in the war on terrorism at the Pentagon and the UN a similar monument at the site of the former World Trade Center in New York City as called for in §39 of this Chapter and §271f of Chapter VII?

(8) Can the US retire the Secretary of Defense and Vice President from offices of trust with the US Government? 

(9) Can the US disarm 800-1,000 nuclear warheads a year to uphold the NPT quotas for 2010 HA-11-5-5?

(10) Is the US co-operative enough with the African Union and Secretary General of the UN to appoint an African American Commander and found an African Command (AFRICOM) to significantly increase US peacekeeping presence in the African Continent as set forth in §27 of this Chapter and §238d of Chapter V?

 

B. Art. 4 of the Protocol II Additional to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts, prohibits,

 

(a) Violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

(b) Collective punishments;

(c) Taking of hostages;

(d) Acts of terrorism;

(e) Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;

(f) Slavery and the slave trade in all their forms;

(g) Pillage;

(h) Threats to commit any of the foregoing acts.

 

C. The President is the Commander in Chief of the Army, Navy and Militias called into the service of the US under Art. II Section 2 of the US Constitution.  In clause 2 the President has the authority to make Treaties and appoint Ambassadors, Ministers and Justices with the advice and 2/3 concurrence of the appearing Senate as elaborated in 3USC(4)§301.  The Department of Defense (DoD) was named in the Secretary of Defense Transfer Order No. 40 [App. A & C(3)] of July 2.  The Army, Navy, and Marine Corps were established in 1775, in concurrence with the American Revolution. The War Department was established in 1789, and was the precursor to what is now the Department of Defense. The Secretary of Defense is the leader of the Department and he exercises his authority over how the military is trained and equipped under 10USCAI(2)§113.  The preamble to the US Constitution makes provision for the common Defense and Art. I §8 delegates the power to Congress to collect taxes to raise and support armies and provide for the organizing, arming and disciplining of the militia.  Art. I §10 ensures that no state without the consent of Congress shall keep troops or ships of war in time of peace, or engage in war.  The President is Commander in Chief under Art. II§2 and he appoints the Secretary of Defense from amongst people who have been retired from active duty for at least 10 years under 10USCAI(2)§111.  Treason, is grounds for removal from any officer under Art. 2§4 that under Art. III§3 shall consist only in levying war against the United States. The judiciary has jurisdiction in all cases of admiralty and cases in which the US [military] is a party under Art. III§2. Art. IV§4 guarantees the USA a Republican form of government that shall protect every state against invasion and domestic violence. Whereas the words military departments are commonly used and even recognized in the definitions for the armed forces set forth in 10USCAI(1)§101 this Act intends to change the name of DoD to the Military Department (MD) and the office of the Secretary of Defense (SoD) to Military Director (MD) to provide a prescription of law for the Pentagon, Congress, US armed forces and people that will instill respect for human life so that superior orders will not manifest unlawfully in willful killing and other war crimes under Art. 8 and Art. 33 of the Rome Statute of the International Criminal Court. This Act also seeks to transform the military by completing its international command structure with the foundation of an African Command in §27 AFRICOM of this Chapter and §238d of Chapter V.  The President may authorize these reforms.  In exercise of the authority as Commander in Chief the US President has officially ceased hostilities with Afghanistan and Iraq, making peace between the US and the world, with the promulgation of two orders -

(1) Executive Order 13268 Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001, on July 2, 2002   

(2) Executive Order 13350 Termination of Emergency Declared in Executive Order 12722 With Respect to Iraq and Modification of Executive Order 13290 , Executive Order 13303, and Executive Order 13315 on July 29, 2004

D. As of March 31, 2004, there was an increase of 100,000 from April of 2001 when there were 1.37 million active duty soldiers. 

 

  1. There were a total of 1,425,867 active duty US soldiers
  2. There are an estimated 1.28 million Ready and Stand-by Reserves in the USA
  3. There are an estimated 669,000 Civilian Employees 
  4. Defense employees are deployed in more than 146 countries
  5. 473,881 troops and civilians are overseas both afloat and ashore
  6. In March 31, 2004 there were 110,494 US soldiers deployed in NATO countries. 
  7. 101,610 deployed in Asian Pacific nations.  
  8. 211,028 were deployed in Operation Iraq Freedom.
  9. nearly 10,000 are deployed in Afghanistan.
  10. 2,201 are deployed in the western hemisphere.
  11. 770 are deployed in Sub-Saharan Africa
 
E. The Department of  Veterans Affairs and Secretary of Veteran’s Affairs, authorizes appropriations for; 
         
         (1) Compensation and pension programs.
         (2) Vocational rehabilitation and educational assistance programs.
         (3) Veterans' housing loan programs.
(4)    Veterans' and service members' life insurance programs.
(5)    Outreach programs and other veterans' services programs
(6)    over 10,000 beds for homeless veterans

 

F. Number of Veterans August 1990 or later (including Gulf War) . . . . 3,024,503

September 1980 to July 1990. . . . . . . . . . . . . . . 3,806,602

May 1975 to August 1980 . . . . . . . . . . . . . . . . . . 2,775,492

Vietnam era (August 1964 to April 1975) . . . . . 8,380,356

February 1955 to July 1964 . . . . . . . . . . . . . . . . 4,355,323

Korean War (June 1950 to January 1955) . . . . 4,045,521

World War II (September 1940 to July 1947) . 5,719,898

 

Text: www.title24uscode.org/ArmisticeII.doc

 

Citation: Hospitals & Asylums. Title24 US Code. Chapter One: Humanitarian Missions of the Military Department. 1st Draft 20 August 2004, 2nd Draft Veteran’s Day 2004, 3rd Draft Memorial Day 2005. www.title24uscode.org/armsummary.htm

 

Amended HA-12-8-05