Dear Editor,
It is noted that the West Kingston Commission of Enquiry resumes today, and that among the witnesses slated to give evidence will be former Prime Minister Bruce Golding and retired Jamaica Defence Force (JDF) Chief of Defence Staff Major General Stewart Saunders. Already there has been much discussion in the media about command responsibility and obeying orders, especially in relation to these two witnesses.
One caller to a radio programme even suggested that the then prime minister was somehow in command of the operation into Tivoli. Additionally, several people, including a talk show host, have repeatedly claimed that a soldier has no choice but to comply with orders, and that if he fails to do so, he will be court martialed. On both counts this is incorrect.
Section 9 (2) of the Defence Act is quite clear as to who is vested with the operational command of the JDF. It says, in part, "that the responsibility of the Defence Board shall not extend to the operational use of the Jamaica Defence Force, for which use the responsibility shall be vested in the chief of staff subject to the overall direction of the Cabinet..." The section continues by providing for the prime minister to give operational directions with or without the direction of the Cabinet. The operational directions referred to have nothing to do with operational tactics to be employed, or the conduct of troops, or preparedness of troops for an operation or during it.
Section 44 of the Act deals with disobedience to orders, and is quite clear as to who can give orders and to whom, and how orders should be complied with, but it is equally clear that those orders must be lawful and that an order should not be carried out if it is manifestly unlawful. In other words, a superior cannot order a soldier to kill if the taking of that life would be contrary to the laws of Jamaica. The soldier who carries out an 'instruction' would be guilty of murder, and if he didn't carry them out, he would not have contravened the order because it was an unlawful order. The 'carrying out of orders' defence has long lost any standing from as far back as after World War II and the Nuremberg trials of 1945 to 1949.
It is my fervent hope that both the JDF and the constabulary will be forthcoming with evidence to be given to the enquiry. I hope that they will not be caught in any attempt at a cover up, as it will only be a matter of time before the truth emerges, and then it will be too late. The credibility and integrity of both these institutions would be lost for all time. If they did do wrong, it is their time to say so that mistakes will not be repeated, and that adjustments in training or leadership can be made to ensure that never again will there be what appears to be have been a mass slaughter and abuse of Jamaicans.
Finally, let us all heed the warning of former US President Bill Clinton speaking about protests regarding the killing of blacks in the US: "...the fundamental problem you have anywhere is when people think the lives of their children do not matter; they are somehow disposable, just like a paper napkin after a lunch at a restaurant or something". What is needed is for "people to feel that everybody matters again".
Colonel Allan Douglas
Kingston 10
alldouglas@aol.com
Tivoli commission should reveal who gave the orders
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It is noted that the West Kingston Commission of Enquiry resumes today, and that among the witnesses slated to give evidence will be former Prime Minister Bruce Golding and retired Jamaica Defence Force (JDF) Chief of Defence Staff Major General Stewart Saunders. Already there has been much discussion in the media about command responsibility and obeying orders, especially in relation to these two witnesses.
One caller to a radio programme even suggested that the then prime minister was somehow in command of the operation into Tivoli. Additionally, several people, including a talk show host, have repeatedly claimed that a soldier has no choice but to comply with orders, and that if he fails to do so, he will be court martialed. On both counts this is incorrect.
Section 9 (2) of the Defence Act is quite clear as to who is vested with the operational command of the JDF. It says, in part, "that the responsibility of the Defence Board shall not extend to the operational use of the Jamaica Defence Force, for which use the responsibility shall be vested in the chief of staff subject to the overall direction of the Cabinet..." The section continues by providing for the prime minister to give operational directions with or without the direction of the Cabinet. The operational directions referred to have nothing to do with operational tactics to be employed, or the conduct of troops, or preparedness of troops for an operation or during it.
Section 44 of the Act deals with disobedience to orders, and is quite clear as to who can give orders and to whom, and how orders should be complied with, but it is equally clear that those orders must be lawful and that an order should not be carried out if it is manifestly unlawful. In other words, a superior cannot order a soldier to kill if the taking of that life would be contrary to the laws of Jamaica. The soldier who carries out an 'instruction' would be guilty of murder, and if he didn't carry them out, he would not have contravened the order because it was an unlawful order. The 'carrying out of orders' defence has long lost any standing from as far back as after World War II and the Nuremberg trials of 1945 to 1949.
It is my fervent hope that both the JDF and the constabulary will be forthcoming with evidence to be given to the enquiry. I hope that they will not be caught in any attempt at a cover up, as it will only be a matter of time before the truth emerges, and then it will be too late. The credibility and integrity of both these institutions would be lost for all time. If they did do wrong, it is their time to say so that mistakes will not be repeated, and that adjustments in training or leadership can be made to ensure that never again will there be what appears to be have been a mass slaughter and abuse of Jamaicans.
Finally, let us all heed the warning of former US President Bill Clinton speaking about protests regarding the killing of blacks in the US: "...the fundamental problem you have anywhere is when people think the lives of their children do not matter; they are somehow disposable, just like a paper napkin after a lunch at a restaurant or something". What is needed is for "people to feel that everybody matters again".
Colonel Allan Douglas
Kingston 10
alldouglas@aol.com
Tivoli commission should reveal who gave the orders
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