International Law

Law of Armed Conflict

Law of Armed Conflict Armed force may be legally used in

only three instances: In self-defense (individually &

collectively) When authorized by the UN (or other

regional organization) Humanitarian intervention [In a civil war/revolt/rebellion]

Law of Armed Conflict Purpose of War

Destruction of the personnel and equipment of the opposing armed forces, or

The prevention of the enemy’s ability to wage war

Law of Armed Conflict Why follow LOAC???

Humanitarian Concerns Foreign Relations Reciprocal Advantage Effects on Civilian Loyalties Settlement of Hostilities Lack of Military Advantage Cause it’s the law

Law of Armed Conflict General Principles of LOAC

Purpose: to prevent unnecessary suffering and destruction by controlling and mitigating the harmful effects of hostilities through minimum standards

1. Military Necessity: Only that degree and kind of force necessary to gain submission of the enemy with a minimum expenditure of time, life, and physical resources may be used.

Law of Armed Conflict 2. Proportionality: The use of any kind or

degree of force not required for submission of the enemy with a minimum expenditure of time, life, and physical resources, is prohibited.

3. Chivalry: Dishonorable or treacherous means, expedients, and conduct are forbidden.

Goal: By preventing needless cruelty, the bitterness and hatred that may arise from war is lessened and makes it easier to have a lasting peace.

Participants Regular Armed Forces

Many not attempt to conceal their identity and be protected

Irregular Armed Forces Levee en Masse: where inhabitants

of a territory attacked take up arms to resist the invader, protected if Carry arms openly and follow LOAC

Law of Armed Conflict In war, two basic classes of people

Non-combatants: those not a part of the military forces and who refrain from commission of or direct support for hostile acts PLUS certain military people-medicos, chaplains, war correspondents, wounded/ sick, shipwrecked, and captured

Combatants: those that try to kill the other side and directly support them

Law of Armed Conflict Non-combatants

Cannot be the object of intentional attack Should be safeguarded against injury not

incidental to military operations directed against combatant forces and other military objectives.

When circumstances permit, advance warning should be given of attacks that might endanger non-combatants in the vicinity.

Not required if element of surprise is necessary to success of attack

Law of Armed Conflict Attacks on Military Objects

Planners must do everything feasible to verify that the objectives are neither civilians or civilian objects

Minimize incidental loss of civilian life, injury to civilians, and damage to civilian objects

Incidental loss to civilians/objects may not be excessive to military advantage anticipated

Law of Armed Conflict Plan must be cancelled if becomes

apparent that objective in not military, subject to special protection, or not proportional

Give advanced warnings to civilians if circumstances permit

If have the option of several objects to obtain a military advantage, must choose one with least collateral damage

Law of Armed Conflict A party to a conflict that has control over

civilians has an affirmative duty to remove them from the vicinity of targets of likely attack and to separate military activities and facilities from areas of non-combatant concentration.

Using civilians as ‘shields’ clearly prohibited Location of civilians next to a legitimate

target does not preclude attack

Law of Armed Conflict Civilians

Includes all persons not serving in the armed forces (of all kinds) and not otherwise taking a direct part in the hostilities

Women and children are entitled to special respect and protection

May not be the object of attack, or threats or acts of intentional terrorization

Law of Armed Conflict Children <15 should not take direct

part in hostilities Direct support includes actually participating in

battle, directly supporting battle action, or military work done in the midst of an ongoing engagement

Civilians that take a direct part in conflict by taking up arms or otherwise trying to kill, injure, or capture enemy persons or destroy enemy property lose their immunity

Law of Armed Conflict Wounded and Sick

Those incapable of participating in combat due to illness or injury

May not be subject to attack Parties to combat must, without

delay, take all possible measures to search for and collect the wounded and sick on the field, protect them from harm, and ensure their care.

Law of Armed Conflict Require to collect also applies to the

dead and prohibits despoiling Wounded/sick must be treated

humanely and cared for without adverse distinction along with the enemy’s own casualties-priority by medical condition only

Law of Armed Conflict Medical Personal and Chaplains

When engaged in medical duties, medical personal may not be attacked

They may carry small arms for self-protection, protection of wounded, and for protection against marauders and those violating LOAC, but may not use them against enemy obeying LOAC

Chaplains ministering to armed forces get same protection as medicos

Law of Armed Conflict Medicos and chaplains that are

captured are not prisoners of war (PWs)

Unless needed by the enemy to provide for the medical or religious needs of PWs, they must be repatriated at the earliest opportunity.

Law of Armed Conflict Shipwrecked

Should not be made subject to attack After battle, belligerents are required

to take all possible measures to search for and rescue the shipwrecked

Consistent with security of their own forces

Law of Armed Conflict Parachutists

Parachutists descending from a disabled aircraft may not be attacked while in the air and, unless they land in territory controlled by their own forces or engage in combatant acts while descending, must be provided an opportunity to surrender upon reaching the ground

Law of Armed Conflict Airborne troops, special warfare

infiltrators, etc, parachuting into combat areas or behind enemy lines are not protected and may be attacked in the air as well as on the ground

Unless it is clear they plan to surrender

Law of Armed Conflict Prisoners of War (PWs)

All members of regular armed forces, including militia and volunteer units fighting with regular forces

Other militia and volunteer forces meeting certain requirements:

Law of Armed Conflict Commanded by a person responsible for

their conduct, and Uniformed or bear a fixed distinctive sign

recognizable at a distance, and Carry their arms openly, and Conduct their operations I/A/W LOAC

If a question of whether entitled to PW status, detaining power must hold ‘competent tribunal’

Law of Armed Conflict Treat humanely and protect against

violence, intimidation, insult, or public curiosity

Medical treatment without distinction other then medical

Law of Armed Conflict May be interrogated but only required

to give name, rank, serial number, and DOB

Torture, threats, other coercive acts prohibited

Law of Armed Conflict Some protocols would do away with all

but ‘carry arms openly’ US doesn’t buy Some that ratified Additional Protocol I did so

with the understanding it applies only in occupied territory or in wars of national liberation

Even spies and illegal combatants have a right to a fair trial and may not be summarily executed

Law of Armed Conflict Trial/Punishment of PWs

May not be punished for hostile acts directed against opposing forces prior to capture unless a violation of LOAC

Trial should be in similar system to own military with same procedural rights

But a minimum of assistance of counsel, interpreter, and fellow prisoner plus some other rights

Law of Armed Conflict PWs subject to disciplinary action

for minor offenses committed during captivity (not to exceed 30 days confinement, fine, fatigue duties, loss of privileges)

No collective punishment of PWs Not subject to reprisal action

Law of Armed Conflict No punishment for attempted escape

Disciplinary action okay Unless cause death or injury in process

If successful in escape and later recaptured, may not be tried for offenses committed during previous escape

Law of Armed Conflict PW Labor

Enlisted PWs may be required to engage in Labor having no military character or purpose, receive pay

NCO may only be required to perform supervisory work

Officers may not be required to work

Law of Armed Conflict Non-combatants in permanent

custody Occupied territory: Under actual

authority of a hostile army Army has ‘right’ and duty to govern and

maintain order Can change and enforce law in own courts Can punish espionage, sabotage, guerilla

activities etc. Occupying force may take possession and

use all movable military property

Law of Armed Conflict Can tax only to extent necessary to

support the administration/occupation of territory

Population can’t be forced to help in war effort against their country

Occupying force has an affirmative obligation to see population is fed and receives proper health/medical care

Law of Armed Conflict Non-combatants in Temporary

Custody Treated humanely and customs and

religious beliefs respected May hold temporarily in a particular

area for military reasons Cannot kill, torture, insult, or subject to

forms of brutality or coercion to obtain information

Medical attention only required