If America was invaded can non-military citizens fight to defend there neighbor and not just self-defense?

Question

Just curious if theres any kind of law on that or if theres any kind of citizen laws if we were invaded by another country

Answer 1

A citicen of a occupied country are subject to the authority of the occupying power.
Thus, the same rules for self defense apply against a occupying soldier as it would towards soldier of his own nationality, or a police officer.

Thus, you could only defend yourself if the occupying soldiers are commiting a crime against you. (In accordance to international law.)

Civilians have no right to fight a invading army.
In fact, if they do, they are "irregular combatants", and are treated as criminals.

From the Geneva convention:
"Art. 68. Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.

The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty against a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.

The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced on a protected person who was under eighteen years of age at the time of the offence.
"

In short, if you sabotage the ocupying power, they can lock you up; If you try to kill them, they can sentence you to death.

The Second amendment is a national law. It has no relevance to a invading force, any more than US troops must observe Sharia laws in Afghanistan.
Only international conventions, such as the Geneva convention, determine how a occupying force most relate to civilians.

However, the Geneva convention grant civilians quite extensive rights, that the occupying power needs to observe.

Answer 2

If any country decide they wanted to take Australia,Australia would call out for help and therefore creating an issue for the invading country. The quickest way of landing troops in Australia and if there is a decleration of war from one country, they will have to avoid the northern coast as it will be heavily defended by most of Australias military might. Also, the Australian special forces are some of the strongest in the world so that may be an issue for the invading country. Australia will also probably recall all of its military all over the world so it may be a challenge for invading country to sucssesfuly take and hold Australia. If any asian country wants to invade the will have to adapt to new climates as they move to the south as the humidity will decrease and it will get dryer and colder the further south the invading army pushes.

Answer 3

Yes your second amendment. You not only have the right to bear arms but also to form and join and take part in an organized militia. If we were invaded you could fight back on your own. Kind of like the farmers and minute men did during the revolutionary war. Or as the people did during WWII. Hope this answers your question......Shadow Stalker PS it happened during WW2 in new york when german u boat crews landed also in MD there was a few U boats that made it into our waters. And with all the sleeper cells we have one day it might just happen!

Answer 4

It would have to be a well organized and massive military to be able to land troops on our shores. They'd first have to defeat our Navy and Air Force, not to mention contend with our Marines and Army once they made it ashore. I have serious doubts that anyone currently could get through just our Navy.

However, in the event that such a remote possibility could occur, then I suspect that organized civilian militias would form. Their weapons may consist of whatever they had on hand (small arms), or could utilize whatever the US government provided them. There's also the possibility of using captured munitions from enemy forces. A good movie that ran through this scenario was Red Dawn.

As for Hague and Geneva Accords, such articles likely wouldn't apply. Indeed, any organized force that would land forces on the continental US wouldn't likely follow such accords anyways. Hence, a big and nasty free-for-all.

Answer 5

When asked why the Japanese didn't invade the U.S., the Japanese commander said he didn't think the Japanese army would win against 120 million Americans with guns. The U.S. would abandon the Geneva convention like the Iraq citizens did.

Answer 6

I expect that martial law would take place. I know that in Texas, non-military citizens would be able to do so. In fact, if this country ever was invaded, they certainly wouldn't start with Texas...we're all armed to the gills.

Answer 7

And just who or what country would be able to put troops on the ground in the United States? There is no country in this world with the ability to project power (land troops) beyond the U.S.The U.S. spends more on it's military establishment than the rest of the world combined. No one is a close second. This is a complete fantasy scenario

Answer 8

The answer is 'NO'. Under the Laws of Armed Conflict, only Uniformed Combatants can 'legally' fight or even defend themselves in a war zone. Anyone else is outside the law, not protected by the Hague and Geneva Accords and would be punishable under marshal law and/or what ever civilian authority exists. You would be shot.

Answer 9

Google "French Underground" or "French Resistance". They were ordinary citizens that continued to fight after being occupied by Nazi Germany.

Answer 10

Read the 2nd amendment to the Constitution.