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Sending Civilians Back Into Fallujah: A War Crime?

Human rights groups charge that the U.S. soldiers may have committed a war crime this past Thursday by forcing fleeing civilians to return to Fallujah:

Citing several articles of the Geneva Conventions, the experts said recognized laws of war require military forces to protect civilians as refugees and forbid returning them to a combat zone.

"This is highly problematical conduct in terms of exposing people to grave danger by returning them to an area where fighting is going on," said Jordan Paust, a law professor at the University of Houston and a former Army prosecutor. James Ross, senior legal adviser to Human Rights Watch, said, "If that's what happened, it would be a war crime."

Here's what happened:

A stream of refugees, about 300 men, women and children, were detained by American soldiers as they left southern Falluja by car and on foot. The women and children were allowed to proceed. The men were tested for any residues left by the handling of explosives. All tested negative, but they were sent back.

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