International Law

1. International Law Law of Armed Conflict

2. 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]

3. 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

4. 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

5. 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.

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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.

16. 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

17. 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

18. 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.

19. 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

20. 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

21. 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

22. 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:

23. 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’

24. Law of Armed Conflict • Treat humanely and protect against violence, intimidation, insult, or public curiosity • Medical treatment without distinction other then medical

25. Law of Armed Conflict • May be interrogated but only required to give name, rank, serial number, and DOB • Torture, threats, other coercive acts prohibited

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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