Chapter 6 Flashcards
The Department of Defense defines it as, “that part of international law that regulates the conduct of armed hostilities”. (6.2.)
the Law of Armed Conflict (LOAC)
The Law of Armed Conflict arises from (6.2.)
civilized nations’ humanitarian desire to lessen the effects of conflicts
The Law of Armed Conflict (LOAC) arises from civilized nations’ humanitarian desire to lessen the effects of conflicts. The LOAC (6.2.)
-protects combatants and noncombatants from unnecessary suffering-safeguards the basic rights of all civilians, prisoners of war, the wounded, and the sick-tries to keep conflicts from degenerating into savagery and brutality, thereby helping to restore peace
DoDD 2311.01E, DoD Law of War Program, requires each military department to (6.3.)
-design a program that ensures Law of Armed Conflict (LOAC) observance and prevents and reports LOAC violations-trains all forces in the Law of Armed Conflict (LOAC)-completes a legal review of new weapons
Law of Armed Conflict (LOAC) training is a treaty obligation of the United States under the provisions of (6.3.)
the 1949 Geneva Conventions
Article VI of the U.S. Constitution states that treaty obligations of the United States are the “supreme law of the land” and the U.S. Supreme Court has held that U.S. international legal obligations is part of U.S. law. This means that treaties and international agreements with the United States enjoy ______ status to laws passed by Congress and signed by the President. (6.4.)
equal
Who is legally required to observe the United States’ Law of Armed Conflict obligations? (6.4.)
-military personnel-all persons subject to U.S. law-civilians and contractors authorized to accompany the armed forces in combat
All persons subject to U.S. law must observe the United States’ Law of Armed Conflict (LOAC) obligations. Those who violate LOAC are sometimes held criminally liable for war crimes and court-martialed under the (6.4.)
Uniform Code of Military Justice (UCMJ)
Which of these is NOT one of the five important principles of the Law of Armed Conflict (LOAC)? (6.5.)
law
Five important Law of Armed Conflict (LOAC) principles govern armed conflict: military necessity, distinction, proportionality, humanity, and chivalry. Which principle permits the application of only that degree of regulated force required for the partial or complete submission of the enemy with the least expenditure of life, time, and physical resources? (6.5.1.1.)
military necessity
Five important principles govern the Law of Armed Conflict: military necessity, distinction, proportionality, humanity, and chivalry. Which principle imposes a requirement to distinguish or discriminate between military objectives and civilian objects? (6.5.2.)
distinction
Under the Law of Armed Conflict, civilian objects protected from attack include (6.5.2.1.1.)
-places of worship -schools and hospitals-dwellings
Under the Law of Armed Conflict, civilian objects such as places of worship, schools, hospitals, and dwellings are protected from attack. But these objects may lose their protected status if (6.5.2.1.2.)
they are used to make an effective contribution to military action
Which of the five principles of the Law of Armed Conflict requires that “Those who plan military operations must take into consideration the extent of civilian destruction and probable casualties that will result and seek to avoid or minimize such casualties and destruction to the extent consistent with the necessities of the military situation.” (6.5.3.1.)
proportionality
The LOAC principle of proportionality requires that “Those who plan military operations must take into consideration the extent of civilian destruction and probable casualties that will result and seek to avoid or minimize such casualties and destruction to the extent consistent with the necessities of the military situation.” This concept applies to (6.5.3.2.)
civilian casualties and property destruction
Also referred to as the principle of unnecessary suffering, this LOAC principle prohibits the employment of any kind or degree of force not necessary for the purposes of war, i.e., for the partial or complete submission of the enemy with the least possible expenditure of life, time, and physical resources. Example: the use of poison or hollow-point bullets. (6.5.4.)
humanity
Five principles govern the Law of Armed Conflict: military necessity, distinction, proportionality, humanity, and chivalry. Which principle demands a certain amount of fairness, mutual respect, and trust between opposing forces? (6.5.5.)
chivalry
This principle of the Law of Armed Conflict demands a certain amount of fairness, mutual respect, and trust between opposing forces. An example of this is the use of a white flag, or flag of truce. Its display is predicated upon good faith and its misuse constitutes a war crime. (6.5.5.1.)
chivalry
Some of the most important Law of Armed Conflict (LOAC) rules come from the Geneva Conventions of 1949. The Geneva Conventions consist of four separate international treaties that govern the treatment of wounded and sick forces, POWs, and civilians during war or armed conflict. These treaties (6.6.)
-protect combatants and noncombatants from unnecessary suffering-protect the wounded, sick, shipwrecked, and POWs during hostilities-protect civilians and private property
The Geneva Conventions distinguish between combatants, noncombatants, and civilians. In general, any person who engages in violent acts on behalf of a state party to an armed conflict is (6.6.1.1.1.)
a combatant
The Geneva Conventions distinguish between combatants, noncombatants, and civilians. A combatant (6.6.1.1.1.)
-carries arms openly-conducts combat operations according to the Law of Armed Conflict-wears fixed distinctive emblems recognizable at a distance, such as uniforms
The Geneva Conventions distinguish between combatants, noncombatants, and civilians. Which of these is immune from prosecution for their belligerent acts as long as they have acted in accordance with the laws of war? (6.6.1.1.1.)
a combatant
The Geneva Conventions distinguish between combatants, noncombatants, and civilians. Which of these are protected persons and include certain military personnel who are members of the Armed Forces not authorized to engage in combatant activities, such as permanent medical personnel and chaplains? (6.6.1.1.2.)
noncombatants
In accordance with the Geneva Conventions, ___________ are protected persons and may not be made the object of direct attack but may, however, suffer injury or death incident to a direct attack on a military objective without it violating LOAC. (6.6.1.1.3.)
civilians
Civilians who take a direct part in hostilities without authority to do so are ___________ and become lawful targets. (6.6.1.1.3. and 6.6.1.2.)
unlawful combatants or unprivileged combatants
The Geneva Conventions distinguish between combatants, noncombatants, and civilians but does not use the term, unlawful combatants. The term, “unlawful enemy combatant” is defined in (6.6.1.2.)
DoDD 2310.01E, The Department of Defense Detainee Program
If there is doubt as to whether a captured individual is a lawful combatant, noncombatant, or an unlawful combatant, the individual will __________ until status is determined. (6.6.2.)
receive the protections of the Geneva Prisoner of War Convention
The Law of Armed Conflict (LOAC) governs the conduct of aerial warfare. The principle of __________ authorizes aerial attacks on combatants and other lawful military objectives. (6.7.)
military necessity
The principle of military necessity authorizes aerial attacks on combatants and other lawful military objectives. Military objectives are limited to (6.7.)
-those objects or installations which by their nature, location, purpose, or use make an effective contribution to military action-those objects whose destruction, capture, or neutralization offer a definite military advantage
The Law of Armed Conflict (LOAC) provides specific protection to medical units, transports of wounded and sick personnel, military and civilian hospital ships, safety zones established under the Geneva Conventions, and religious, cultural, and charitable buildings, monuments, and POW camps. However, if these protected objects are used for military purposes, they (6.7.2.)
lose their protected status
Enemy military aircraft may be attacked and destroyed wherever found, unless (6.8.1.)
in neutral airspace or territory
Airmen who parachute from a disabled aircraft and offer no resistance ___________. (6.8.1.)
may not be attacked
An enemy’s public and private nonmilitary aircraft are generally not subject to attack unless _____________. (6.8.2.)
-used for a military purpose-it initiates an attack-there is reasonable suspicion of hostile intent
Under the Law of Armed Conflict, military medical aircraft are entitled to protection from attack by enemy combatants but a military medical aircraft can be lawfully attacked and destroyed if (6.8.3.)
-it initiates an attack-it is not clearly marked with a Red Cross or other recognized symbol and is not otherwise known to be engaged in medical operations-it does not fly at heights, at times, and on routes specifically agreed to and is not otherwise known to be engaged in medical operations
Military members who violate the Law of Armed Conflict are subject to criminal prosecution and punishment under the UCMJ or through an international military tribunal. The defense, “I was only following orders” (6.9.1.)
has generally not been accepted by national or international tribunals as a defense in war crime trials
Reprisals are the commission of otherwise illegal acts that, under the circumstances, may be justified as a last resort to put an end to illegal acts committed first by an adversary. Only ____________ may authorize a reprisal. (6.9.2.)
the President of the United States, as Commander in Chief
An Air Force member who knows or receives a report of an apparent LOAC violation must inform his or her commander. ___________ includes guidance for Air Force personnel handling a possible LOAC violation. (6.10.)
AFI 51-401, Training and Reporting to Ensure Compliance with the Law of Armed Conflict
When reporting LOAC violations, if the allegation involves a U.S. commander, the report should be made to _____________. (6.10.)
the next higher U.S. command authority
When reporting LOAC violations, if the allegation involves a U.S. commander, the report should be made to the next higher U.S. command authority. If that’s not possible, the report may be made to the (6.10.)
-nearest judge advocate-a special agent in the OSI-a chaplain or a security forces member
__________________ present(s) a more detailed application of LOAC principles tailored to the political and military nature of a mission which are contained in execution orders, operations plans, and operations orders. (6.11.)
Mission-specific Rules of Engagement (ROE)
The fundamental U.S. policy on self-defense is repeatedly stated throughout the U.S. Standing Rules of Engagement (SROE) but several elements must be considered before undertaking the use of force in self-defense: (6.11. and 6.11.1-5)
-necessity and proportionality-hostile act or hostile intent-declared hostile force