The Law and Policy Implications of 'Baited Ambushes' Utilizing Enemy Dead and Wounded

Abstract

When a state's armed forces is engaged in hostilities, how long after an engagement or firefight before the international humanitarian law requirement to search for and care for the wounded and find and bury the dead is triggered? This military practitioner's note discusses the legal and policy implications of 'baited ambushes,' the practice of utilizing wounded and dead enemies as the bait for follow on forces, which are then engaged.

Keywords: Baited ambush, Geneva Conventions, wounded, dead, grave breach, Iraq, Afghanistan