LAW OF WAR

SFC HAWBAKER

MOTIVATOR

GAS ATTACK VICTIMSIRAN-IRAQ WAR 1988

TERMINAL LEARNING OBJECTIVE

• ACTION: Ensure a thorough understanding of the basic principles of the Law of War.

• CONDITIONS: In a classroom environment, given this block of instruction.

• STANDARD: Ensure a thorough understanding of the basic principles of the Law of War in order to maintain compliance with the Law of War.

OVERVIEW

• Definition

• General Policy

• Principles

• The Geneva Conventions

REFERENCES

• FM 27-10 – The Law of Land Warfare

• DA PAM 27-1 – Treaties governing Land Warfare

• DODD 2311.01E – DoD Law of War Program

• JP 1-02– Department of Defense Dictionary of Military

and Associated Terms

SAFETY REQUIREMENTS

• None

RISK ASSESSMENT

• Overall – LOW

• Stay awake – this is very exciting stuff and you wouldn’t want to miss anything

• Don’t trip – not only will you look clumsy, but we’ll all laugh at you

• Stay hydrated – just don’t drink from any water source on Fort Sill

ENVIRONMENTAL CONSIDERATIONS

• None

EVALUATION

• You will not be formally evaluated on your retention of this material although there will be periodic check on learnings.

• Quite frankly if you fail to understand this material you’re probably a little slow and should consider re-classing as a 13B.

• More importantly you could potentially violate the Law of War and ultimately be subject to the UCMJ and/or an international military tribunal which could result in your imprisonment and possible execution. So pay attention.

ENABLING LEARNING OBJECTIVE 1

• ACTION: Define Law of War and explain the general policy.

DEFINITION

• Law of War — That part of international law that regulates the conduct of armed hostilities. Also called the law of armed conflict. (JP 1-02)

• Note: Law of war (LOW) and law of armed conflict (LOAC) are used interchangeably throughout the references and will be done so in this class.

DEFINITION (cont.)

• The LOAC arises from a desire among civilized nations to prevent unnecessary suffering and destruction while not impeding the effective waging of war.

• A part of public international law, LOAC regulates the conduct of armed hostilities. It also aims to protect civilians, prisoners of war, the wounded, sick, and shipwrecked.

• LOAC applies to international armed conflicts and in the conduct of military operations and related activities in armed conflict, however such conflicts are characterized.

POLICY

• DODD 2311.01E, DoD Law of War Program, requires each military department to design a program that:

• ensures LOAC observance • prevents LOAC violations• ensures prompt reporting of alleged LOAC

violations • appropriately trains all forces in LOAC• completes a legal review of new weapons

POLICY (cont.)

• LOAC training is a treaty obligation of the United States under provisions of the 1949 Geneva Conventions.

• Military personnel must consider LOAC to plan and execute operations and must obey LOAC in combat.

• Those who violate LOAC may be held criminally liable for war crimes and court-martialed under the Uniform Code of Military Justice.

CHECK ON LEARNING

Name 2 of the 5 things DODD 2311.01E requires each military department to do?– ensure LOAC observance– prevent LOAC violations– ensure prompt reporting of alleged LOAC

violations – appropriately train all forces in LOAC– complete a legal review of new weapons

CHECK ON LEARNING

LOAC training is a treaty obligation of the United States under provisions of ___?___

– the 1949 Geneva Conventions.

ENABLING LEARNING OBJECTIVE 2

ACTION: Explain the principles of the Law of War.

PRINCIPLES

Three important LOAC principles govern armed conflict:

• Military necessity

• Distinction

• Proportionality

MILITARY NECESSITY

• Military necessity requires combat forces to engage in only those acts necessary to accomplish a legitimate military objective.

• Attacks shall be limited strictly to military objectives.

• In applying military necessity to targeting, the rule generally means the US Military may target those facilities, equipment, and forces which, if destroyed, would lead as quickly as possible to the enemy’s partial or complete submission.

DISTINCTION

• Distinction means discriminating between lawful combatant targets and noncombatant targets such as civilians, civilian property, POWs, and wounded personnel who are out of combat.

• The central idea of distinction is to only engage valid military targets.

• Distinction requires defenders to separate military objects from civilian objects to the maximum extent feasible.

PROPORTIONALITY

• Proportionality prohibits the use of any kind or degree of force that exceeds that needed to accomplish the military objective.

• Proportionality compares the military advantage gained to the harm inflicted while gaining this advantage.

• Proportionality seeks to prevent an attack in situations where civilian casualties would clearly outweigh military gains. This principle encourages combat forces to minimize collateral damage.

CHECK ON LEARNING

_______?_______ requires combat forces to engage in only those acts necessary to accomplish a legitimate military objective.

– Military necessity

____?____ prohibits the use of any kind or degree of force that exceeds that needed to accomplish the military objective.

– Proportionality

CHECK ON LEARNING

_____?_____ requires defenders to separate military objects from civilian objects to the maximum extent feasible.

– Distinction

CHECK ON LEARNING

ENABLING LEARNING OBJECTIVE 3

ACTION: Explain some of the key rules derived from the Geneva Conventions of 1949 and how the LOAC can be enforced.

INJURY FORBIDDEN AFTER SURRENDER

• You can not “kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion.”

PERSONS DESCENDING BY PARACHUTE

• The law of war does not “prohibit firing upon paratroops or other persons who are or appear to be bound upon hostile missions while such persons are descending by parachute.”

• “Persons other than those mentioned in the preceding sentence who are descending by parachute from disabled aircraft may not be fired upon.”

ASSASSINATION AND OUTLAWRY

• You can not “kill or wound treacherously individuals belonging to the hostile nation or army.”– This article is construed as prohibiting assassination,

proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive”.

– It does not, however, preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or elsewhere.

ARMS CAUSING UNNECESSARY INJURY

• You can not “employ arms, projectiles, or material calculated to cause unnecessary suffering.”– What weapons cause “unnecessary injury” is highly

subjective. This prohibition does not extend to the use of explosives contained in artillery projectiles, mines, rockets, or hand grenades.

– Usage has established the illegality of the use of irregular-shaped bullets… and the scoring of the surface or the filing off of the ends of the hard cases of bullets. (which would render them frangible, much like hollow point bullets)

PILLAGE FORBIDDEN

• “The pillage of a town or place, even when taken by assault, is prohibited.”

• PILLAGE : the act of looting or plundering, especially in war

IMPROPER USE OF IDENTIFYING DEVICES

• You can not “make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention.

BUILDINGS AND AREAS TO BE PROTECTED

• “…all necessary measures must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.”

PROTECTED BUILDINGS TO DISPLAY SIGN

• “It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two coloured triangular portions, the upper portion black, the lower portion white.”

HUMANE TREATMENT OF PRISONERS

• “Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited.”

• “No prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.”

• “Prisoners of war must at all times be protected, particularly against acts of violence or intimidation.”

• “Measures of reprisal against prisoners of war are prohibited.”

QUESTIONING OF PRISONERS

• “Every prisoner of war …is bound to give only his surname, first names and rank, date of birth, and …serial number, or …equivalent information.”

• “No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever.”

• “Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.”

QUESTIONING OF PRISONERS (cont.)

PROTECTION OF WOUNDED, SICK AND PREGNANT

• “…wounded or sick, shall be respected and protected in all circumstances.”

• “They shall be treated humanely and cared for …they shall not willfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.”

• “…expectant mothers shall be the object of particular protection and respect.”

MEDICAL PERSONNEL AND CHAPLAINS

• Medical personnel… as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances.

• “Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties”

PROTECTION OF MEDICAL UNITS

• “…the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected…”

• “The responsible authorities shall ensure

that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.”

MEDICAL PERSONNEL CARRYING ARMS

• “Although medical personnel may carry arms for self-defense, they may not employ such arms against enemy forces acting in conformity with the law of war.”

• “These arms are for their personal defense and for the protection of the wounded and sick under their charge against marauders and other persons violating the law of war.”

MEDICAL SERVICE EMBLEMS• “As a compliment to Switzerland, the heraldic emblem of the red

cross on a white ground formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.”

• “In the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of the present Convention.”

• “Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.”

ENFORCING LOAC RULES• Military members who violate the LOAC are subject to criminal

prosecution and punishment.

• US Armed Forces could be prosecuted by courts-martial under the UCMJ or through an international military tribunal.

• “I was only following orders,” has generally NOT been accepted by national or international tribunals as a defense in war crime trials.

• An individual soldier remains responsible for his or her actions and is expected to comply with the LOAC.

• There is no statute of limitations on a war crime.

• “I was only following orders,” has generally been accepted by national or international tribunals as a defense in war crime trials. True or False?

– FALSE– An individual soldier remains responsible for

his or her actions and is expected to comply with the LOAC.

CHECK ON LEARNING

• True or false? You can shoot paratroopers even before they’ve landed?

– True– The law of war does not “prohibit firing upon

paratroops or other persons who are or appear to be bound upon hostile missions while such persons are descending by parachute.”

CHECK ON LEARNING

SUMMARY

• Definition

• General Policy

• Principles

• The Geneva Conventions

REVIEW

• ACTION: Ensure a thorough understanding of the basic principles of the Law of War.

• CONDITIONS: In a classroom environment, given this block of instruction.

• STANDARD: Ensure a thorough understanding of the basic principles of the Law of War in order to maintain compliance with the Law of War.

QUESTIONS?