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Notes -
You raise good points (here and below), and I'm sorry I glossed over that part. I tried not to let the real story get too much in the way of the one I was telling, but I forgot that this is the sort of forum where I can't get away with that.
This occurred back in 2005-2006: hunting Somali pirates before hunting Somali pirates was cool. Our ARG was initially deployed for OPLAT (oil platform) Defense over by the Gulf of Oman, but there were a few hijackings and we were redirected to the East coast of Somalia. Back then Somali piracy was in its infancy, and the world hadn't really reacted. International Maritime Law on piracy wasn't prepared for their tactics, and our JAG plus his more senior lawyer bosses ashore gave us some pretty shitty conclusions about what we could and couldn't do legally. We couldn't do anything to the skiffs while they were just driving around because as much as we knew they were pirates, the JAGs didn't believe the USA could prove it. They always claimed they were fishermen. After a hijacking, it was a civil issue between the ship owners and the pirates. We were only able to actually treat them like pirates if we caught them in the act of piracy, which of course we never did because, see ref A, we were a big warship that could be seen from 15 nautical miles away. Anyways, we had at least 1 large maritime vessel hijacked while we were in the area, and we couldn't do anything about it other than watch. I heard that got the ball rolling on actually updating the international laws (or, perhaps, the US Military's creative interpretation of those laws) so the US could actually do something about the pirates, but I never did much followup to check because I was never out on anti-piracy operations again. The Navy did send me back to the Horn of Africa for other stuff (such a shitty part of the world), but that's completely unrelated.
So who we caught, according to our JAG, was not a group of pirates. They were a group of fishermen who fired small arms and an RPG at a US Naval Vessel. Maybe I was wrong to mention "rules of war" since they weren't uniformed combatants, but we don't kill people who have surrendered and don't pose any more threat to us. After lots (lots) of training on the lawful use of deadly force, my gut tells me that shooting them all and sinking their skiff after they threw down their weapons would have gotten everyone a court martial. I can't cite which specific way they'd be charged, though. It's been too long, and at the time I was a lowly JO who wasn't privy to the actual JAG opinions or conversations about it.
Captains get a lot of leeway in judicial decisions on their ships, but they are generally smart enough to listen to their JAG, and JAG said no keelhauling. So the fishermen/pirates got about 10 days of excellent medical care, good food, comfortable beds, (relative to Somalia) and then were promptly executed by Yemen.
Indeed, I don't doubt that your general understanding of the situation was on point; I just wanted to clarify that the rules you were following were immediately based in the UCMJ and the relevant ROEs for your situation, not the international treaties and conventions concerning actions in war.
I think this is an important distinction because I've found that many people think the Convention-based laws of war are vastly more restrictive than they actually are, and this sometimes undermines the persuasive authority of those agreements. In actual fact, they are much more modest and practical documents that drew a great deal from the brutal lessons taught in the World Wars.
Relatedly, I think a lot of people don't understand just how much more constraining the UCMJ and many ROEs are compared to the international Conventions, in terms of permissible actions by members of the US armed forces. US military discipline is due nearly entirely to internal controls, and those controls could be relaxed a great deal before running afoul of those international agreements. I'd prefer it if we didn't need to explore that space, but it is available.
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