War Crimes Defense Attorney
Skilled Counsel for Service Members Facing Serious Allegations
We represent American service members, our sons and daughters, who have been accused of war crimes during operations such as Iraqi Freedom and Enduring Freedom, as well as in any other military actions or engagements in the Middle East and around the world. These brave individuals often face serious allegations that can devastate their careers, reputations, and personal lives. Our commitment is to provide them with the dedicated legal defense they deserve, ensuring their rights are protected and they receive a fair trial in the face of challenging circumstances.
Call the Law Office of Patrick J. McLain, PLLC today at (888) 606-3385 or contact us online to schedule a meeting with our war crimes military defense lawyer!
What is a War Crime?
Understanding what constitutes a war crime is crucial for service members facing allegations. War crimes are serious violations of international humanitarian law that occur during armed conflicts. These offenses include:
- Murder: The intentional killing of civilians or prisoners of war.
- Rape: Any form of sexual violence against individuals in conflict zones.
- Violation of the Geneva Convention: Breaches concerning the humane treatment of prisoners of war, including torture or inhumane treatment.
- Violation of the Rules of Engagement (ROE): Failing to adhere to the established military conduct guidelines during operations can lead to unlawful actions against combatants or civilians.
These definitions emphasize the severity of war crimes and highlight the critical need for legal representation for those accused. Understanding these parameters can clarify service members' legal challenges in military operations.
Understanding the Legal Process for War Crimes Defense
Navigating the legal process for war crimes charges can be daunting and complex. It is essential to understand the stages involved, from the initial investigation to the trial. Typically, a case begins with an investigation led by military authorities, which may involve gathering evidence, witness testimonies, and expert opinions. If charges are brought, the accused will face a court-martial or civilian trial, where the prosecution must prove their case beyond a reasonable doubt. Throughout this process, having a knowledgeable and experienced defense attorney is crucial. An attorney specializing in military law can ensure that the service member's rights are protected, and they can mount a robust defense against the charges.
WITH A CRIME?
War Crimes Defense FAQs
Facing an allegation of a war crime can be overwhelming and confusing for any service member. Understanding your rights and the legal process under the Uniform Code of Military Justice (UCMJ) and international law can make a major difference in how you respond to an investigation or charge. Below are some of the most common military law questions our firm receives from Soldiers, Sailors, Airmen, and Marines accused of war crimes.
Can I face both U.S. and international charges for the same alleged act?
Yes. In some cases, a service member may be subject to prosecution under both U.S. military law and international law. For example, if an alleged act violates the UCMJ and also breaches international treaties such as the Geneva Conventions or Rome Statute, multiple jurisdictions may become involved. While the U.S. military typically retains primary authority over its own personnel, certain high-profile or politically sensitive cases can draw attention from international courts. Having an experienced war crimes defense attorney is essential to navigating overlapping legal systems and protecting your rights in both.
What’s the difference between a Rules of Engagement (ROE) violation and a war crime?
A Rules of Engagement violation occurs when a service member acts outside the specific guidelines governing the use of force during an operation. These rules are established by commanders to ensure lawful and ethical conduct in combat. While an ROE violation can result in administrative or disciplinary action, a war crime is a more serious offense that involves a violation of international humanitarian law—such as the intentional killing of civilians or mistreatment of prisoners of war. Not all ROE violations amount to war crimes, but they can lead to investigations that escalate into more serious allegations if misunderstood or mishandled.
Can combat stress or PTSD be a defense in a war crimes case?
Yes, combat stress and post-traumatic stress disorder (PTSD) can play a critical role in a war crimes defense. These conditions can affect judgment, perception, and response under extreme battlefield pressure. Courts may consider mental health evidence when determining intent, especially if the accused acted under severe duress or psychological trauma. An experienced defense attorney can work with mental health professionals to present a full picture of the service member’s mental state, helping to establish mitigating circumstances or reduce potential penalties.
How long do war crimes investigations take?
War crimes investigations are often complex and time-consuming. Depending on the scope of the allegations, they can last from several months to multiple years. Investigators may collect statements from witnesses across different countries, review classified materials, and coordinate with international agencies. During this period, service members may face uncertainty about their status and future. Retaining a skilled UCMJ defense lawyer early in the process can help ensure your rights are protected from the beginning and that investigators are held accountable for following proper procedures.
Do I need a civilian attorney if I already have a military defense lawyer?
Military-appointed counsel are dedicated and capable, but they often manage a large caseload and limited time per client. Hiring a civilian war crimes defense attorney—especially one with prior military service and courtroom experience—can provide a stronger, more personalized defense. A civilian lawyer can devote the time and resources necessary to challenge evidence, consult with international law experts, and prepare a comprehensive legal strategy focused solely on your best interests.
If you are under investigation or have been charged with a war crime, it is crucial to act quickly and consult a military law defense attorney who understands both U.S. and international legal systems. The Law Office of Patrick J. McLain, PLLC provides experienced, confidential counsel for service members worldwide.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military Judge
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Over 3,500 Cases Successfully Handled
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Our Firm is Top-Rated & Award-Winning
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Over Two Decades in the U.S. Marine Corps
Contact Our War Crimes Defense Lawyer Today
Getting a fair trial may seem next to impossible in war crimes cases. The media pressure to convict can be extremely high. Soldiers, Sailors, Airmen, and Marines charged with a violation of the rules of engagement or mistreatment of prisoners of war can feel isolated and shunned by the system they have dedicated themselves to serving.
You can trust the loyalty, dedication, and independent advocacy of civilian defense lawyer and former Marine Patrick J. McLain. With over 30 years of military law experience as a battalion adjutant, court-martial trial judge, and supervising defense attorney in the Marine Corps, his record of accomplishment speaks for itself.
Contact the Law Office of Patrick J. McLain, PLLC, today to schedule a meeting with our war crimes military defense attorney!
OUR CLIENTS SAY IT BEST
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"He is a hard worker and will fight for you the moment you choose him to be on your team!"
My husband hired Patrick for his summary court martial and Patrick and his team were there every step of the way. They communicated everything they needed and were even there when either me or my husband had any questions. He is a hard worker and will fight for you the moment you choose him to be on your team!
- Angela -
"I was entirely impressed with mclain’s work on my case."
I called McLain when the military charged me with some B.S., McLain immediately jumped into action and made things happen in my favor. Don't do it alone … your military chain of command will try to make you think that your cooperation will help you, it will NOT. I was entirely impressed with McLain's work on my
- Chris C. -
"Thanks to him I am now able to get on with my life."
It took some time to make it happen, but it did just like Patrick said, he is a hard charging guy that can help you get what you deserve, Thanks to him I am now able to get on with my life.
- Chip -
"I won my military case due to his diligence, knowledge and experience in military law."
I cannot recommend Patrick highly enough. I won my military case due to his diligence, knowledge and experience in military law. Had I proceeded on my own, I would have lost, for the process was simply too complex. When working with Patrick, there was never a time when I felt left in the dark on my case, nor a time when his assessments and instructions were unclear. Should you be in any difficult circumstance, Patrick will work his tail off for you and keep you clearly informed on the status of your case. Again, I highly recommend the services of Patrick McLain.
- Dan C. -
"Amazing lawyer who fights for you!"A tremendous lawyer in a time of need. After being accused of conduct unbecoming an officer for personal conduct while off duty, I hired Mr. McLain to help me through the process. He diligently worked behind the scenes to make sure my voice was being heard. Despite my inability to listen to his direction early on, Mr. Mclain was patient and continued to fight on my behalf. Mr. McLain helped me win at a board of inquiry with no other disciplinary action. A sincere man, who is dedicated to his clients. Would strongly recommend and is a great asset to military clients everywhere.- Former Client
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"Amazing strength and integrity with the combination of experience, insight, and knowledge of military law."
I have found my lawyer Patrick McLain, to be honest, right to the point, consistently giving me realistic outcomes through the whole process of my case. He's definitely no nonsense, cut to the chase. As a client…I've never been left hanging; he makes sure all my correspondence is returned. He's got amazing strength and integrity with the combination of experience, insight, and knowledge of military law. He stands behind his words and expects the same in return. I say my blessings every day for him taking my case. With him as my attorney, I've achieved best possible outcomes.
- Gina F. -
"Made me feel like the most important client."They completely cared, took my case personally, always made me feel like the most important client, and were knowledgeable on all subjects. I give the Law Office of Patrick J. McLain, PLLC the highest rating possible and totally recommend them.- Mike
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"The best lawyer to defend military personnel."The Law Office of Patrick J. McLain helped me through the most difficult experience in my life. As a Marine Officer facing an upcoming board of inquiry for conduct issues, I was afraid of losing my career. Attorney McLain gave great legal advice through the process and reached out many times to see how I was doing. A great lawyer and better person, Mr. McLain helped me become successful in my board of inquiry and keep moving forward in my career. His military experience and personal qualities make him the best lawyer to defend military personnel.- Jonathan
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