Chapter-6 Flashcards
As an NCO, what are your responsibilities regardingstandards of conduct? (113)
To learn the Law of Armed Conflict (LOAC), Code of Conductand general standards well enough to clearly explainthem to subordinates, follow them and ensure other membersobserve them properly.
What international law arises from civilized nations’humanitarian desire to lessen the effects of conflicts, preventunnecessary suffering, and protect combatants, noncombatants,civilians, POWs, the wounded and sick?(113)
The Law of Armed Conflict (LOAC).
DoDD 2311.0lE, DoD Law of War Program, requireseach military department to design a program to ensureLaw of Armed Conflict (LOAC) observance and preventLOAC violations. What else does it require? (113)
That each military department 1) ensures prompt reporting ofalleged LOAC violations; 2) appropriately trains all forces inthe LOAC; and 3) completes a legal review of all new weapons.
How do other services often refer to the Law ofArmed Conflict (LOAC)? (113)
As the law of war. (Within this chapter, LOAC and law ofwar are the same.)
The Law of Armed Conflict (LOAC) training is anobligation of the US under the provisions of what treaty?(113)
The 1949 Geneva Conventions.
Which Air Force publication requires that all personnelreceive instruction on the principles and rules ofthe Law of Armed Conflict (LOAC) commensurate withtheir duties and responsibilities? (113)
AFI 51-401, Training and Reporting to Ensure Compliancewith the Law of Armed Conflict.
Name three groups who receive additional specializedLaw of Armed Conflict (LOAC) training to addressunique issues they may encounter. (113)
Aircrews, medical personnel and security forces.
What is the foundation of the Law of Armed Conflict(LOAC)? (113)
Customary international law and treaties. (Everyone subjectto US laws must observe the US’ LOAC obligations.)
Which Article of the US Constitution states that treatyobligations of the US are the “supreme law of theland”? (113)
Article VI.
According to the US Supreme Court, US internationallegal obligations and customs are not a part of USlaw. T/F (113)
False.
Why must military personnel, civilians and contractorsauthorized to accompany the armed forces in combatfollow the Law of Armed Conflict (LOAC) when plan- ._.Ining and executing combat operations? (113)
Because treaties and international agreements enjoy equalstatus to laws passed by Congress and signed by the President.(Those who violate the LOAC can be held criminallyliable for war crimes and court-martialed under the UCMJ.)
What five important Law of Armed Conflict(LOAC) principles govern armed conflict? (113)
1) Military necessity; 2) distinction; 3) proportionality; 4)humanity; and 5) chivalry.
Which Law of Armed Conflict (LOAC) principlepermits only the degree of regulated force not prohibitedby the laws of war needed to obtain the enemy’s partialor complete submission with the least expenditure of life,time and physical resources? (113)
Military necessity.
The Law of Armed Conflict (LOAC) principle ofmilitary necessity limits Air Force targets to what? (113)
Military objectives - those objects that make an effectivecontribution to military action and whose total or partial destruction,capture or neutralization offers a definite militaryadvantage.
List some examples of military objectives that may be targeted under the Law of Armed Conflict (LOAC).(113)
Enemy troops, bases, supplies, lines of communications andheadquarters.
Under the Law of Armed Conflict (LOAC), militarynecessity does not authorize all military action and destruction.T/F (114)
True. (Military necessity never authorizes actions specificallyprohibited by the LOAC.)
Under the Law of Armed Conflict (LOAC), __means discriminating between military objectives andcivilian objects such as places of worship, schools, hospitalsand dwellings. (114)
Distinction.
When may civilian objects lose their Law of ArmedConflict (LOAC) protection? (114)
When they are used to make an effective contribution tomilitary action.
What does the Law of Armed Conflict (LOAC) principleof distinction require attackers to do? (114)
To not intentionally attack civilians or use weapons or tacticsthat would cause excessive civilian collateral casualties.
Under the Law of Armed Conflict (LOAC), are defendersrequired to separate military targets from civiliansand civilian objects? (114)
Yes.
Employing human shields to protect military objectivesis a fundamental violation of the Law of ArmedConflict (LOAC) principle of __ . (114)
Distinction
To meet the Law of Armed Conflict (LOAC) principleof proportionality, those who plan military operationsmust seek to avoid or minimize what? (114)
The extent of civilian destruction and probable casualties thatwill result (to the extent consistent with military necessity).
Under the Law of Armed Conflict (LOAC), proportionalitynever applies to military facilities and forces.T/F (114)
True. (They are always legitimate targets.)
Does the Law of Armed Conflict (LOAC) principleof proportionality require attackers to expose their forcesto extraordinary risks to avoid or minimize civilian losses?(114)
No.
Which Law of Armed Conflict (LOAC) principleprohibits employing any kind or degree of force not neeessary for the purposes of war? (114)
Humanity. (Also referred to as unnecessary suffering.)
Give several examples of weapons banned under theLaw of Armed Conflict (LOAC) because they cause unnecessarysuffering. (114)
Poison or poisoned weapons, expanding hollow-point bullets,and indiscriminate chemical, biological and bacterialweapons.
What Law of Armed Conflict (LOAC) principle demandsa certain amount of offensive and defensive fairnessas well as mutual respect and trust between opposingforces? (114)
Chivalry
The Law of Armed Conflict (LOAC) principle ofchivalry forbids treacherous attempts to injure the enemy,such as while displaying the white flag in good faith.What is another example of chivalry? (114)
Treating and protecting an individual as one would wish tobe treated by the enemy, were the roles reversed. (Personshors de combat (outside the fight) or military personnel whoare unable to fight due to sickness, injury or shipwreck.)
he Geneva Conventions are four separate internationaltreaties. What do these treaties govern? (114-115)
The treatment of wounded and sick forces, POWs and civiliansduring war or armed conflict.
What do the Geneva Conventions’ four treaties aimto protect from unnecessary suffering? (115)
Combatants and noncombatants, including the wounded,sick, shipwrecked and POWs during hostilities. (They alsoprotect civilians and private property.)
The Geneva Conventions distinguish between whatthree groups of people? (115)
1) Combatants; 2) noncombatants; and 3) civilians.
Under the Geneva Conventions, who is a combatant?(115)
Anyone who engages in violent acts on behalf of a state partyto an armed conflict.
Under the Geneva Conventions, what two conditionsmust be met for combatants to be immune from prosecutionfor belligerent acts in armed conflict? (115)
They must act I) with the authority of a sovereign state; and2) in accordance with the Law of Armed Conflict (LOAC).
Under the Geneva Conventions, a combatant may bea member of either a regular armed force or a militia.T/F (115)
True.
Name the four Law of Armed Conflict (LOAC) requirementsof a lawful combatant’s force. (115)
It must 1) be commanded by a person responsible for subordinates;2) have fixed distinctive emblems recognizable at adistance (such as uniforms); 3) carry arms openly; and 4)conduct its combat operations according to the LOAC.
__ are protected persons and military personnelnot authorized by governmental authority or the Law ofArmed Conflict (LOAC) to engage in hostilities. (115)
Noncombatants.
Noncombatants are protected under the GenevaConventions and may not be the object of attack. Nametwo examples of noncombatants. (115)
Certain military personnel not authorized to engage in combatantactivities, such as permanent medical personnel andchaplains.
Under what circumstances may civilians suffer injuryor death without the attack violating the Law ofArmed Conflict (LOAC)? (115)
Incident to a direct lawful attack on a military objective.
The Law of Armed Conflict (LOAC) always forbidscivilians from taking an active or direct part in hostilities.T/F (115)
False. (Civilians who take a direct part in hostilities withoutauthority are unlawful combatants.)
The term “unlawful combatant” is defined in theGeneva Conventions of 1949. T/F (115)
False. (It is not used in the Geneva Conventions.)
How does DoDD 2310.0lE, The Department of DefenseDetainee Program, define unlawful combatants?(115)
Persons not entitled to combatant immunity, who engage inacts against the US or its coalition partners in violation of thelaws and customs of war during an armed conflict.
Unlawful combatants become lawful targets. If captured,can they be tried as criminals for their unlawfulactions? (115)
Yes.
If there is doubt about a captured individual’s Lawof Armed Conflict (LOAC) status, what protectionsshould the individual receive until his or her status isdetermined? (115)
Those of the Geneva Prisoner of War Convention.
The Law of Armed Conflict (LOAC) principle of military necessity authorizes aerial attacks on combatantsand other lawful military objectives. Define lawfulmilitary objectives. (115)
Those that by their own nature, location, purpose or usemake an effective contribution to military action and whosetotal or partial destruction, capture or neutralization offers adefinite military advantage.
How does the Law of Armed Conflict (LOAC) protectcivilian populations? (115)
It forbids attacks not justified by military necessity againstcities, towns or villages, and forbids attacking civilians forthe sole purpose of terrorizing them.
Which personnel are critical in determining the proprietyof targets and the choice of weapons when planningan attack? (115)
Judge advocate, intelligence and operations personnel.
Examples of objects specifically protected under theLaw of Armed Conflict (LOAC) include medical units orestablishments and transports of wounded and sick personnel.Name five others. (116)
I) Military and civilian hospital ships; 2) safety zones establishedunder the Geneva Conventions; 3) religious, culturaland charitable buildings; 4) monuments; and 5) POW camps.
When may objects that are normally protected fromdirect attacks lose their protected status? (116)
When they are used for military purposes. (They may alsosuffer collateral damage if they are located near lawful militaryobjectives.)
According to the Law of Armed Conflict (LOAC),what is the only place enemy military aircraft may not beattacked or destroyed? (116)
In neutral airspace or territory.
When must an attack on enemy military aircraft bediscontinued, according to the Law of Armed Conflict(LOAC)? (116)
When the aircraft is clearly disabled and has lost its means ofcombat.
According to the Law of Armed Conflict (LOAC),when may Airmen who parachute from a disabled aircraftbe attacked? (116)
When they resist, or are downed behind their own lines andcontinue to fight. (Those who offer no resistance may not beattacked.)
Name two conditions that allow civil aircraft in flightto be lawfully attacked. (116)
!) When the civil aircraft initiates an attack; or 2) when a reasonable suspicion of hostile intent exists. (Examples: anaircraft approaches a military base at high speed or entersenemy territory without permission and disregards signals orwarnings to land or proceed to a designated place.)
Military medical aircraft are subject to lawful attackwhen they initiate an attack. If not known to be engagedin medical operations at the time, name two of the fourother times they are subject to lawful attack. (116)
Any two of the following: when I) they do not bear a clearlymarked Red Cross, Red Crescent or other recognized symbol;2) they do not fly at heights, times and on routes specificallyagreed to; 3) they fly over enemy territory or enemyoccupiedterritory, unless otherwise agreed; and 4) they approachenemy territory or a combat zone and disregard asummons to land.
Where may military members who violate the Lawof Armed Conflict (LOAC) face criminal prosecution andpunishment? (116)
In a national or international forum.
Is “I was following orders” an acceptable defense ina war crime trial? (116)
No. (Individual Airmen are responsible for their actions andmust comply with the Law of Armed Conflict (LOAC).)
__ are illegal acts that may be justified as a lastresort under the circumstances to stop illegal acts committedfirst by the adversary. (116)
Reprisals.
Who may authorize a reprisal by US forces underthe Law of Armed Conflict (LOAC)? (117)
Only the President of the US (as Commander in Chief(CINC)).
Which Air Force publication contains guidance onhandling a possible Law of Armed Conflict (LOAC) violation?(117)
AFI 51-401.
You must inform your commander if you know of orreceive a report of apparent Law of Armed Conflict(LOAC) violations by the enemy, allies, US Armed Forcesor any others. T/F (117)
True
To whom would you report an alleged Law of ArmedConflict (LOAC) violation by a US commander? (117)
To the next higher US command authority or the nearestjudge advocate, a special agent of the OSI, a chaplain or asecurity forces member.
What ensures force is used according to nationalpolicy goals, mission requirements and the rule of law?(117)
Rules of Engagement (ROE).
What do mission-specific Rules of Engagement(ROE) provide? (117)
More detailed application of Law of Armed Conflict(LOAC) principles tailored to the political and military natureof a mission’s execution orders, operations plans andoperations orders.
Who must understand, remember and apply missionRules of Engagement (ROE)? (117)
All Airmen.
The US Standing Rules of Engagement (SROE) provideguidance on self-defense and applying force for missionaccomplishment. Who issues and approves theSROE? (117)
The Chairman, Joint Chiefs ofStaff(CJCS) issues the SROEand the President and Sec Def approve them.
Do Standing Rules of Engagement (SROE) limit acommander’s inherent authority and obligation to use allmeans necessary and appropriate for personal, unit orUS forces self-defense? (117)
No
What are the four methods of self-defense listed inthe Standing Rules of Engagement (SROE)? (117)
1) National; 2) collective; 3) unit; and 4) individual.
Under the Rules of Engagement (ROE), two elementsthat must be considered before using force in self-defenseare l) military necessity and 2) proportionality. Namethree other considerations. (117)
3) Hostile act; 4) hostile intent; and 5) declared hostile force.
Under the Rules of Engagement (ROE), how doesproportionality constrain the use of force in self-defense?(117)
The force used must be reasonable in intensity, duration andmagnitude compared to the threat as known at the time.
What do the Standing Rules of Engagement (SROE)consider a declared hostile force? (117)
Any civilian, paramilitary or military force, or terrorist(s)declared hostile by an appropriate US authority.
What document outlines the basic responsibilitiesand obligations of members of the US Armed Forces, particularly as POWs or hostile detainees? (117)
The Code of Conduct.
POWs and other members under hostile detentionshould survive __ while resisting their captor’s exploitationefforts. (117)
Honorably.
How many articles are in the Code of Conduct? (117)
Six.
Who must fully understand the Code of Conduct andensure personnel have the training and education necessaryto support it? (118)
DoD personnel who plan, schedule, commit or control theuse of the armed forces.
What three considerations dictate the degree ofknowledge of the Code of Conduct members require?(118)
1) How likely they are to be captured; 2) their exposure tosensitive information; and 3) how useful or valuable a captorconsiders them.
How many levels of Code of Conduct training arethere? (118)
Three. (Levels A, Band C.)
What level of understanding is required at Code ofConduct training Level A (Entry Level Training), andwhen is it conducted? (118)
The minimum level needed for all members of the armedforces. It is imparted to all personnel during entry training.
What level of understanding is required at Code ofConduct training Level B (Training After Assumption ofDuty Eligibility) and when is it conducted? (118)
The minimum level needed for service members whose militaryjobs, specialties or assignments entail moderate risk ofcapture, such as members of ground combat units. (Conductedas soon as their assumption of duty makes them eligible.)
Describe Code of Conduct training Level C (TrainingUpon Assumption of Duties or Responsibilities). (118)
The minimum level of understanding needed for memberswhose military jobs, specialties or assignments entail significantor high risk of capture and whose position, rank or senioritymake them vulnerable to greater-than-average exploitationefforts by a captor.
When is Code of Conduct training Level C conducted?(118)
Upon assumption of the duties or responsibilities requiringLevel C training.
The Code of Conduct was first published by PresidentEisenhower on 17 August 1955. Why did PresidentReagan amend the Code in March 1988? (118)
To make the language gender-neutral.
What does Article I of the Code of Conduct requireyou to do? (118)
Always oppose the enemies of the US and support our nationalinterests, in combat or captivity, and be prepared togive your life.