23 - Law of Armed Conflict Flashcards
Jus ad Bellum
Law “of” War
Right of nations to go to war
Jus in Bello
Law “in” War
Regulation of The Conduct of Warfare
LOAC Sources
Treaties
International Agreements
- Hague Conventions
- Geneva Conventions
Articles of the Geneva Conventions
- Condition of Wounded and Sick Armed Forces in Field
- Condition of Wounded, Sick, and Shipwrecked
- Treatment of POW
- Protection of Civilian Persons in Time of War
Purposes of LOAC
- Motivate enemy to reciprocate
- Motivate enemy to surrender…
LOAC Principles
- Military Necessity
- Distinction
- Proportionality
- Humanity
- Honor (Chivalry)
Military Necessary
Targeted objective must offer a distinct military advantage
- Nature
- Location
- Purpose
- Use
Attacks must be limited to legitimate military objectives
LOAC
Distinction
Prohibits indiscriminate attacks
Parties to a conflict must direct their operations only against combatants and mil. objectives
Applise offensively and defensively; Wearing uniforms
LOAC
Distinction
Prohibits indiscriminate attacks
Parties to a conflict must direct their operations only against combatants and mil. objectives
Applise offensively and defensively; Wearing uniforms
LOAC
Proportionality
Loss of civilian life and damage to civilian property incidental to attacks must not be excessive
Collateral damage must be both unavoidable and unintentional
LOAC
Humanity
Forbidden to employ arms, projectiles, or material use to cause unecessary suffering to combatants or to use an otherwise lawful weapons used to cause unecessary harm
Applies to limit the effect of war on the civilian population/property
LOAC
Honor
AKA Chivalry
Requires a certain amount of fairness
Requries a certain amount of respect
When does LOAC apply?
- Declared war or armed conflicts between nations
- Conflicts betweem State(s) and unogranized, armed groups
- Peacekeeping operations