Summary execution
Encyclopedia
A summary execution is a variety of execution in which a person is killed
on the spot without trial
or after a show trial
. Summary executions have been practiced by the police
, military
, and paramilitary
organizations and are associated with guerrilla warfare
, counter-insurgency
, terrorism
, and criminality
.
s or legal systems based on common law
have prohibited execution without the decision and sentence of a competent judge, and the UN's International Covenant on Civil and Political Rights
has declared the same:
In practice, though, extrajudicial killings have been illegally performed by police and domestic forces in various countries and times, sometimes under the guise of martial law
. (See below.)
, summary execution is still illegal in almost all circumstances, as a military tribunal
would be the competent judge needed to determine guilt and declare the sentence of death. However, there are certain rare exceptions to this rule in emergencies and warfare where summary execution is legal.
, and customary international law
from history, protect the rights of captured regular and irregular members of an enemy's military, along with civilians from enemy states. Prisoners-of-war must be treated in carefully defined ways which definitively ban summary execution, as the Second Additional Protocol of the Geneva Conventions (1977) states:
, and francs-tireurs
have been performed and considered legal under existing international law. Francs-tireurs (a term originating in the Franco-Prussian War
) are enemy civilians or militia who continue to fight in territory occupied by a warring party and do not wear military uniforms, and may otherwise be known as guerrillas, partisans
, insurgents, etc.
Though these soldiers could be legally jailed or executed by most armies a century ago, the experience of WWII influenced nations occupied by foreign forces to change the law to protect this group. Many of the post-war victors, such as France, Poland, and the USSR, had the experience of resistance fighters being summarily executed by the Axis if they were captured. The war also influenced them to make sure that commandos
and other special forces who were caught deep behind enemy lines would be protected as POWs, rather than summarily executed as Hitler decreed through his 1942 Commando Order
.
According to Article 4 of the Third Geneva Convention
of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly and conduct their operations in accordance with the laws and customs of war. If they do not do meet all of these, they may be considered francs-tireurs (in the original sense of "illegal combatant") and punished as criminals in a military jurisdiction, which may include summary execution.
Soldiers who are wearing uniforms of the opposing army after the start of combat may be considered illegal combatants and subject to summary execution. Many armies have performed this kind of false flag
ruse in the past, including both German and US special forces in WWII. However, if soldiers remove their disguises and put on proper insignia before the start of combat in such an operation, they are considered legal combatants and must be treated as prisoners-of-war if captured. This distinction was settled in the post-WWII trial of Otto Skorzeny
, who led Operation Greif
, an infiltration mission in which German commandos wore US uniforms to infiltrate US lines but removed them before actual combat.
may be declared in emergencies such as invasions or insurrections, and in such a case constitutionally-protected rights would be suspended. Depending on a state's interpretation of martial law, this may allow police or military forces to decide and carry out punishments that include death on its own citizens, in order to restore lawful authority or for other vital reasons.
Note that this would not include killing a suspect who is directly endangering another's life, which police can always legally do, but rather, executing a suspect under one's control as a punishment. Proving that a summary execution fell under this legal exception would be exceptionally difficult, as one would have to show why a judgment and sentence of death absolutely needed to be meted out on the spot. Hence, these kinds of extraordinary acts are almost always seen as illegal violations of human rights
, as can be seen in the recent protests against summary executions passed under martial law in the Philippines.
Finally, it is theoretically legal for a military to punish its own soldiers with summary executions in an emergency situations that cannot wait for trial by military tribunal. Historically, this may have been reasonable on sailing ships facing a mutiny
conspiracy or failed attempt. However, the rarity of such an occurrence in recent years makes it hard to estimate its legality today.
Vietnam War
On February 1, 1968, Nguyen Van Lem
, a Viet Cong member, was summarily executed by Nguyễn Ngọc Loan
, the chief of the national police, in front of Associated Press
photographer Eddie Adams
, who later won the Pulitzer Prize for Spot News Photography
for the photo.
United States
Summary executions are rarely performed by United States as a result of increased judicial oversight, but there have been a few well-known cases:
Philippines
Extrajudicial punishment
resulting in death is referred to as salvage
in the Philippines.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
on the spot without trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
or after a show trial
Show trial
The term show trial is a pejorative description of a type of highly public trial in which there is a strong connotation that the judicial authorities have already determined the guilt of the defendant. The actual trial has as its only goal to present the accusation and the verdict to the public as...
. Summary executions have been practiced by the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
, and paramilitary
Paramilitary
A paramilitary is a force whose function and organization are similar to those of a professional military, but which is not considered part of a state's formal armed forces....
organizations and are associated with guerrilla warfare
Guerrilla warfare
Guerrilla warfare is a form of irregular warfare and refers to conflicts in which a small group of combatants including, but not limited to, armed civilians use military tactics, such as ambushes, sabotage, raids, the element of surprise, and extraordinary mobility to harass a larger and...
, counter-insurgency
Counter-insurgency
A counter-insurgency or counterinsurgency involves actions taken by the recognized government of a nation to contain or quell an insurgency taken up against it...
, terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, and criminality
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
.
Civilian jurisdiction
In nearly all civilian jurisdictions today, summary execution is illegal, as it violates the right of the accused to a fair trial before a punishment of death. Almost all constitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s or legal systems based on common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
have prohibited execution without the decision and sentence of a competent judge, and the UN's International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
has declared the same:
- "Every human being has the inherent right to life. This right shall be protected by law. No man shall be deprived of his life arbitrarily."
- "[The Death] penalty can only be carried out pursuant to a final judgment rendered by a competent court" – ICCPR Articles 6.1 and 6.2.
In practice, though, extrajudicial killings have been illegally performed by police and domestic forces in various countries and times, sometimes under the guise of martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
. (See below.)
Military jurisdiction
Under the jurisdiction of military lawMilitary law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
, summary execution is still illegal in almost all circumstances, as a military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
would be the competent judge needed to determine guilt and declare the sentence of death. However, there are certain rare exceptions to this rule in emergencies and warfare where summary execution is legal.
Prisoners of war
Major treaties such as the Geneva Convention and Hague ConventionHague Convention
The Hague Convention may refer to:* Hague Conventions , among the first formal statements of the laws of war and war crimes in international law...
, and customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
from history, protect the rights of captured regular and irregular members of an enemy's military, along with civilians from enemy states. Prisoners-of-war must be treated in carefully defined ways which definitively ban summary execution, as the Second Additional Protocol of the Geneva Conventions (1977) states:
- "No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality." – Second Protocol of the Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
(1977) Article 6.2.
Exceptions to prisoners of war status
However, some classes of combatants may not be accorded POW status, though that definition has broadened to cover more classes of combatants over time. In the past, summary execution of pirates, spiesSPY
SPY is a three-letter acronym that may refer to:* SPY , ticker symbol for Standard & Poor's Depositary Receipts* SPY , a satirical monthly, trademarked all-caps* SPY , airport code for San Pédro, Côte d'Ivoire...
, and francs-tireurs
Francs-tireurs
Francs-tireurs – literally "free shooters" – was used to describe irregular military formations deployed by France during the early stages of the Franco-Prussian War...
have been performed and considered legal under existing international law. Francs-tireurs (a term originating in the Franco-Prussian War
Franco-Prussian War
The Franco-Prussian War or Franco-German War, often referred to in France as the 1870 War was a conflict between the Second French Empire and the Kingdom of Prussia. Prussia was aided by the North German Confederation, of which it was a member, and the South German states of Baden, Württemberg and...
) are enemy civilians or militia who continue to fight in territory occupied by a warring party and do not wear military uniforms, and may otherwise be known as guerrillas, partisans
Partisan (military)
A partisan is a member of an irregular military force formed to oppose control of an area by a foreign power or by an army of occupation by some kind of insurgent activity...
, insurgents, etc.
Though these soldiers could be legally jailed or executed by most armies a century ago, the experience of WWII influenced nations occupied by foreign forces to change the law to protect this group. Many of the post-war victors, such as France, Poland, and the USSR, had the experience of resistance fighters being summarily executed by the Axis if they were captured. The war also influenced them to make sure that commandos
Commandos
Commandos is a stealth-oriented real-time tactics game series, available for Microsoft Windows and Mac OS X. The game is set in the Second World War and follows the escapades of a fictional British Commandos section. It leans heavily on historical events during WWII to carry the plot...
and other special forces who were caught deep behind enemy lines would be protected as POWs, rather than summarily executed as Hitler decreed through his 1942 Commando Order
Commando Order
The Commando Order was issued by Adolf Hitler on 18 October 1942 stating that all Allied commandos encountered by German forces in Europe and Africa should be killed immediately, even if in uniform or if they attempted to surrender...
.
According to Article 4 of the Third Geneva Convention
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly and conduct their operations in accordance with the laws and customs of war. If they do not do meet all of these, they may be considered francs-tireurs (in the original sense of "illegal combatant") and punished as criminals in a military jurisdiction, which may include summary execution.
Soldiers who are wearing uniforms of the opposing army after the start of combat may be considered illegal combatants and subject to summary execution. Many armies have performed this kind of false flag
False flag
False flag operations are covert operations designed to deceive the public in such a way that the operations appear as though they are being carried out by other entities. The name is derived from the military concept of flying false colors; that is flying the flag of a country other than one's own...
ruse in the past, including both German and US special forces in WWII. However, if soldiers remove their disguises and put on proper insignia before the start of combat in such an operation, they are considered legal combatants and must be treated as prisoners-of-war if captured. This distinction was settled in the post-WWII trial of Otto Skorzeny
Otto Skorzeny
Otto Skorzeny was an SS-Obersturmbannführer in the German Waffen-SS during World War II. After fighting on the Eastern Front, he was chosen as the field commander to carry out the rescue mission that freed the deposed Italian dictator Benito Mussolini from captivity...
, who led Operation Greif
Operation Greif
Operation Greif was a special false flag operation commanded by Waffen-SS commando Otto Skorzeny during the Battle of the Bulge. The operation was the brainchild of Adolf Hitler, and its purpose was to capture one or more of the bridges over the Meuse river before they could be destroyed...
, an infiltration mission in which German commandos wore US uniforms to infiltrate US lines but removed them before actual combat.
Under martial law
Within a state's policy, martial lawMartial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
may be declared in emergencies such as invasions or insurrections, and in such a case constitutionally-protected rights would be suspended. Depending on a state's interpretation of martial law, this may allow police or military forces to decide and carry out punishments that include death on its own citizens, in order to restore lawful authority or for other vital reasons.
Note that this would not include killing a suspect who is directly endangering another's life, which police can always legally do, but rather, executing a suspect under one's control as a punishment. Proving that a summary execution fell under this legal exception would be exceptionally difficult, as one would have to show why a judgment and sentence of death absolutely needed to be meted out on the spot. Hence, these kinds of extraordinary acts are almost always seen as illegal violations of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, as can be seen in the recent protests against summary executions passed under martial law in the Philippines.
Finally, it is theoretically legal for a military to punish its own soldiers with summary executions in an emergency situations that cannot wait for trial by military tribunal. Historically, this may have been reasonable on sailing ships facing a mutiny
Mutiny
Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
conspiracy or failed attempt. However, the rarity of such an occurrence in recent years makes it hard to estimate its legality today.
Vietnam WarVietnam WarThe Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
On February 1, 1968, Nguyen Van LemNguyen Van Lem
Nguyễn Văn Lém was a member of the Viet Cong who was summarily executed in Saigon during the Tet Offensive. The execution was captured on film by photojournalist Eddie Adams, and the momentous image became a symbol of the inhumanity of war...
, a Viet Cong member, was summarily executed by Nguyễn Ngọc Loan
Nguyen Ngoc Loan
General Nguyễn Ngọc Loan was the Republic of Vietnam's Chief of National Police. Nguyễn gained international attention when he executed handcuffed prisoner Nguyễn Văn Lém, a Viet Cong soldier, on February 1, 1968 in front of Vo Suu, an NBC cameraman, and Eddie Adams, an Associated Press photographer...
, the chief of the national police, in front of Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
photographer Eddie Adams
Eddie Adams (photographer)
Eddie Adams was a Pulitzer Prize-winning American photographer and photojournalist noted for portraits of celebrities and politicians and his coverage of 13 wars.-Combat photographer:...
, who later won the Pulitzer Prize for Spot News Photography
Pulitzer Prize for Spot News Photography
The Pulitzer Prize for Spot News Photography was awarded from 1968 – 1999, thereafter being renamed as the Pulitzer Prize for Breaking News Photography.-List of winners:...
for the photo.
United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
Summary executions are rarely performed by United States as a result of increased judicial oversight, but there have been a few well-known cases:- On December 18, 2004, New Mexico's Otero County Sgt. Billy Anders shot and killed Earl Flippen, who was handcuffed, after he killed Anders' partner and his own girlfriend. Anders pleaded guilty to voluntary manslaughterManslaughterManslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and served ten months of a one-year sentence. Due to the circumstances surrounding the shooting, Anders gained much support from the community.
- The killing of Angilo FreelandAngilo FreelandAngilo Freeland was an Antiguan national who was pulled over for speeding in Lakeland, Florida by Polk County Sheriff's Deputy Doug Speirs around noon on September 28, 2006. After giving the officer a fake ID, and the officer called for backup, Freeland ran into the woods and hid...
on September 29, 2006, who was suspected of killing a Polk County, Florida deputy and his K-9 partner the day before, has sometimes been described as a summary execution. However, subsequent investigations revealed that Freeland had been pointing a weapon at police in a threatening manner.
- On November 4, 2008, Abdul Salam poured gasoline on civilian contractor Paula Loyd and set her on fire. Loyd did not survive her injuries. In retribution, fellow contractor Don Ayala shot and killed Salam, who had been handcuffed. Ayala was charged with second-degree murder; he pleaded guilty to voluntary manslaughter and was sentenced to five years of probation and a $12,500 fine.
- The death of Osama bin LadenDeath of Osama bin LadenOsama bin Laden, then head of the Islamist militant group al-Qaeda, was killed in Pakistan on May 2, 2011, shortly after 1 a.m. local time by a United States special forces military unit....
has sometimes been called a summary execution.
- The death of Anwar al-Awlaqi was a summary execution.
PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
Extrajudicial punishment
Extrajudicial killings and forced disappearances in the Philippines
Extrajudicial killings and forced disappearances in the Philippines refer to the illegal liquidations, unlawful or felonious killings and forced disappearances in the Philippines...
resulting in death is referred to as salvage
Philippine English
Philippine English is the variety of English used in the Philippines by the media and the vast majority of educated Filipinos. English is taught in schools as one of the two official languages of the country, the other being Filipino, a standardized version of Tagalog.English is used in education,...
in the Philippines.
See also
- Encounter killings by police
- Extrajudicial punishmentExtrajudicial punishmentExtrajudicial punishment is punishment by the state or some other official authority without the permission of a court or legal authority. The existence of extrajudicial punishment is considered proof that some governments will break their own legal code if deemed necessary.-Nature:Extrajudicial...
- Extrajudicial killing
- List of killings by law enforcement officers in the United States
- Nguyễn Văn LémNguyen Van LemNguyễn Văn Lém was a member of the Viet Cong who was summarily executed in Saigon during the Tet Offensive. The execution was captured on film by photojournalist Eddie Adams, and the momentous image became a symbol of the inhumanity of war...
- Summary justiceSummary justiceSummary justice refers to the trial and punishment of suspected offenders without recourse to a more formal and protracted trial under the legal system...
- Retributive justiceRetributive justiceRetributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime, with an eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society....
- RevengeRevengeRevenge is a harmful action against a person or group in response to a grievance, be it real or perceived. It is also called payback, retribution, retaliation or vengeance; it may be characterized, justly or unjustly, as a form of justice.-Function in society:Some societies believe that the...