Jued S.

Cisneros Special Issues in International Law

11686448

Reaction Paper: American Sniper

American Sniper brings us to a story of Navy Seal trained sniper in his four tours
in Iraq. The movie got me thrilled ever since the first scenes since it involves yet another
child being trapped in the chaos of war-torn countries. Children became the focal point of
dilemma among movie-portrayed military men to show compassion even in the midst of
do-or-die situations. From the time when the movie Eye in the Sky was required to be
watched for our lessons in Special Issues in International Law, I have never really moved-
on from the realities of war. From a child being at the wrong place at the wrong time
(conflict portrayed in Eye in the Sky) to a child being persuaded by their parents in
participating in armed conflict themselves, the law of war still never changes.

The movie greatly showed the essence of International Humanitarian Law,

especially on the rules governing hostilities: distinction, proportionality, and precautions1.
But Chris Kyle’s mind is being more plagued by the difficulties when it comes to distinction
of a combatant from a civilian. At his first operations in Iraq as a sniper, he became a
judge as to who are insurgents from not with great consequences. For real, it has been
difficult to practice such rules since the insurgents were wearing civilian attires and even
some of the real civilians began directly participating in the hostilities. Three instances in
the movie portrayed such dilemma.

. Firstly, we see at the first scenes when a woman is walking with her child with
suspicious movement. He then saw the woman gave an explosive to his child for him to
throw to his comrade’s convoy yet his fellow men can’t confirm it. And thus he confirmed
his suspicion when the child vehemently ran towards the convoy to throw the explosive
and also the woman since she followed up when her boy was shot. He had no choice but
to shoot both of them since they became a legitimate military target.

Secondly, the man who offered them supper during Eid al-Adha. Initially he had
been an asset to the US military by being an informant as to the whereabouts of their
primary target Abu Musab al-Zarqawi, also a sniper for the insurgents. He directly
participated in the hostilities when he grabbed the AK-47 of a downed insurgent after
Chris Kyle’s team engaged them. He could have been saved if not for his actions showing
his side of the war.

Finally, another child being involved in this dilemma. Sometime during their
operations, Chris Kyle shot an RPG wielding insurgent in his attempt to bomb the convoy
of his team. Then, a child by-stander approach the dead insurgent and lifted the RPG to
continue its work. Fortunately, through Chris Kyle exhaustion of the rule of precaution,

1
ICRC (2014). 11. What are the Main IHL Rules Governing Hostilities?. International Humanitrian Law Answers to
Your Questions pp. 46 - 48
the child managed to change his mind and dropped the RPG before Chris Kyle
contemplated to shoot him instead.

With these crucial choices of life or death, I commend Chris Kyle’s decision to lean
on these rules and did not succumb to the thrill of the hunt. Also, it is noble to mention his
critical observation of the criteria in determining when does a civilian directly participates
in hostilities. The threshold of harm constituting adverse effect to the military operation;
the direct causal link between such act and the harm to be sought; and the belligerent
nexus in determining that such act was designed in support of a belligerent party to the
detriment of another2.

The first two instances likely fall to all of the criteria except the third. But still, such
action on the third instance would still endanger his comrades even if the act of an
innocent child alone cannot fall into a belligerent nexus. It is really fortunate for the boy to
dropped that RPG. If the contrary happened, all is left to Chris Kyle’s conscience if he will
shoot him or not. It will also greatly contribute in dooming his mind through incurring Post
Traumatic Syndrome Disorder (PTSD).

Truly, the movie American Sniper relates to the dilemma of military men in
conducting their duties on operations. It sums up the rules that parties to an armed conflict
should follow. But, it also shows the dark side of insurgents taking advantage of their civil
status protection in order for them to achieve terror throughout the world.

2
Ibid. p. 49