18B. Law of War

Question 1

5 LOW Principles

Answer 1

• Proportionality - Must not act in a way that is unreasonable or excessive
• Distinction - Must distinguish (discriminate) between protected/un-protected objects (military/civilians)
• Humanity - Attack must serve military purpose/no infliction of unnecessary suffering
• Military Necessity - Defeat the enemy as quickly as possible
• Honor - Fairness in offense and defense/mutual respect/trust between opposing forces/accept limits

Question 2

Military Objectives (Unprotected Objects)

Answer 2

• Objects that offer a definitive military advantage

Classes of People:

• Civilians taking a direct/indirect part in hostilities
• Combatants
• Unprivileged belligerents

Question 3

U.S. Constitution Article 6

Answer 3

• Treaty obligations of the U.S. are the supreme law of the land

Question 4

1949 Geneva Conventions

Answer 4

• Made up by 4 separate international treaties
• Established Law of War, aka Law of Armed Conflict (LOAC)
• Preserves professionalism/humanity of combatants

Question 5

DoD Directive 2311.01

Answer 5

Dept of Defense Law of War Program

Requires each military dept to implement effective programs that ensure law of way observance

Question 6

Lawful Combatants

Answer 6

• Special legal status
• Certain rights, duties, liabilities
• Right to POW status
• Legal immunity from domestic law

Question 7

Noncombatants

Answer 7

• Military members/civilians
• Not authorized to engage in combat
• Religious affairs personnel
• Permanent medical personnel

Question 8

Unprivileged Belligerent

Answer 8

• Lawful combatants/civilians
• Forfeited privileges of combatant/civilian status
• Engage in spying, sabotage, hostilities

Question 9

Propriety of Target/Choice of Weapon

Answer 9

Determined By:
- Commander

Commander’s Council:

• Judge advocates
• Intelligence personnel
• Operations personnel

Question 10

Rules of Engagement (ROE)

Answer 10

• Ensures use of force in an operation occurs according to national policy goals, mission requirements, and the rule of law

Parameters:
- When, where, how, why, and against whom commanders and their Airman may use force

Approval Authority:

• US President
• SecDef
• Chairman of the Joint Chiefs of Staff

Question 11

Types of Rules of Engagement

Answer 11

Standing - guidance of the inherent right to self defense

Mission Specific - tailored to political and military nature of a mission

Question 12

Self-Defense Principles

Answer 12

Elements of Consideration

Pursuit
- can pursue and engage a hostile force

Necessity

• the threat perceived by an individual
• no reasonable alternative means of redress

Proportionality
- reasonableness of the response to a threat

De-escalation

Question 13

Hostilities

Answer 13

• forces, or threats of force against US Armed Forces