Chapter 6 Flashcards
What international law arises from civilized nations humanitarian desire to lessen the effects of conflicts, prevent unnecessary suffering, and protect combatant, non combatants, civilians, POWs the woulded and sick
The Law of Armed Conflict (LOAC)
DoDD 2311.01E, DoD Law of War Program , requires each military department to design a program to ensure LOAC observance and prevent LOAC violation. What else does it require
That eat military department
- Ensures prompt reporting of alleged LOAC violations
- Appropriately trains all forces in the LoAC
- Completes a legal review of all new weapons
How do other services often refer to the LOAC
As the Law of War
The LOAC training is an obligation of the US under the provisions of what treaty
The 1949 Geneva Conventions
Which AF publication requires that all personnel receive instruction on the principles and rules of LoAC commensurate with their duties and respoinbiltes
AFI 51-401, Training and Reporting the Ensure Compliance with the Law of Armed Conflict
Name three groups who receive additional specialized LOAC training to address unique issues they may encounter
Aircrews, medical personnel and security force
What is the foundation of LOAC
Customary international laws and treaties
Which article of the US constitution stats that treaty obligation of the US are the Supreme law of the Land
Article VI
According to the US supreme court, US international and legal obligations and customs are not part of the US law, True or False
False
Why must military personnel, civilians and contractors authorized to accompany the armed forces in combat follow the LOAC when planning and executing combat operations
Because treaties an international agreements enjoy equal status to laws passed by congress and signed by the president
What five important LoAC principles govern armed conflict
- Military necessity
- Distinction
- Proportionality
- Humanity
- Chivalry
Which LOAC principle permits only the degree of regulated force not prohibited by the laws of war needed to obtain the enemy’s partial or complete submission with the least expenditure of life, time and physical resource
Military Necessity
The LoaC principle of military necessity limits AF targets to what
Military objectives - those objects that make an effective contribution to military action and whose total or partial destruction, capture or neutralization offers s definite military advantage
List some examples of military objectives that may be targeted under the LOAC
Enemy troops, bases, supplies, lines of Communications and headquarters
Under the LoaC, military necessity does not authorize all military action and destruction true or false
True (Military necessity never authorized actions specially prohibited by the LOAC)
Under the LOAC what means discriminating between the civilian population and combatant forces
Distinction
Civilian objects are protected from attack. What are some examples of civilian objects
Places of worship, schools, hospitals and dwellings
When may civilian objects lose their LOAC protection
When they are sued to make an effective contribution to military action
What does the LoAC principle of distinction require attackers to do
To no intentionally attack civilians or use weapons or tactics that would cause excessive civilian collateral casualties
Under the LOAC, are defenders required to separate military targets from civilian and civilian objects
Yes
Employing human shield to protect military objectives is a fundamental violation of the LoAC principle of _____, and may lead to loss of their _____ status
Distinction, Protected
To meet the LOAC principle of proportionally, those who plan military operations must seek to avoid or minimize what
The extent of civilian destruction and probable casualties that will result
Under the LOAC, proportionality never applies to military faculties and forces. True or False
True (they are always legitimate targets)
Does the LOAC principle of proportionality require attackers to expose their forces to extraordinary risks to avoid or minimize civilian losses.
No
Which LOAC principle prohibits employing any kind or degree of force not necessary for the purposes of War
Humanity (Also referred to as unnecessary suffering)
Give several examples of weapons banned under the LOAC because they cause unnecessary suffering
Poison or poisoned weapons
Expanding Hollow point bullets
Indiscriminate chemical, biological and bacterial weapons
______ are lawful weapons that may be used unlawfully to shoot POWs, strafe civilians, or fire on shipwrecked mariners or downed aircrews
Rifles
What LOAC principle addresses the waging of war in accord with well-recognized formalities and courtesies, and permits lawful ruses
Chivalry
The LOAC principle of chivalry forbids treacherous attempts to injure the enemy, such as while displaying the white flag in good faith. what is another example of chivalry
Treating and protecting an individual as one would wish to be treated by the enemy, were the roles reversed. (Persons hors de combat (outside the fight) or military personnel who are unable to fight due to sickness, injury or shipwreck)
The Geneva Conventions are four separate Internal treaties. What do these treaties govern.
The treatment of wounded and sick force, POWs and civilians during war or armed conflict
What do the Geneva Conventions four treaties aim to protect from unnecessary suffering
Combatants and noncombatants, including the wounded, sick, shipwrecked and POWs during hostilities ( They also protect civilians and private property)
The Geneva conventions distinguish between what three groups of people
- Combatants
- Non combatants
- Civilians
Under the Geneva Conventions who is a combatant
Anyone who engages in violent acts on behalf of a stat party to an armed conflict
Under the Geneva Conventions, what two conditions must be met for combatant to be immune from prosecutions for belligerent acts in armed conflict
The must act
1. With the authority of sovereign state
2In accordance with the LOAC
Under the Geneva conventions, a combatant may be a member of either a regular armed force or a militia. True or False
True
Name the four LOAC requirements of a lawful combatants force
It must be
- Commanded by a person responsible for subordinates
- Have fixed distinctive emblems recognizable at a distance
- Carry arms openly
- Conduct its combat operations according to the LOAC
_______ are protected persons and military personnel not authorized by governmental authority or the LOAC to engage in hostilities
Noncombatants
Noncombatants are protected under the Geneva Conventions and may not be the object of attack. Name two examples of noncombatatnts
Certain military personnel not authorized to engage in combatant actives such as permanent medical personnel and champlains
Under what circumstance may civilians si=uffer injury or death without the attack violation the LOAC
Incident to a direct lawful attack on a military objective
The LOAC always forbids civilians from taking on active or direct part in hostiliities… true or false
False (there are limited exceptions)
There term Unlawful combatant is defined in the Geneva Conventions of 1949 True or False
False ( It is not used int eh Geneva Conventions)
How does DoDD 2310.01E, The Department of Defense Detainee Program, define unlawful combatants
Persons not entailed to combatant immunity, who engage in acts against the US or its coalition patterns in violation of the laws and customs of war during an armed conflict
Unlawful combatant become lawful targets. If captured, can they be tried as criminals for their uncle full actions Ys or No
Yes
If there is about about a captured individuals LOAC status, what protections should the invidiual receive until his or her status is detained.
Those of the Geneva Prisoner of War Convetion
The LOAC principle of military necessity authorizes aerial attacks on combatants and other lawful military objectives. Define Lawful military objectives
Those that by either own nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction capture or neutralization offers a definite military advan
How does the LOAC protect civilian populations
It forbids attacks not justified by military necessity against cities, towns, villages, and forbids attacking civilians for the. sole purpose of terroirizing them
Which personnel are critical in determining the propriety of targets and the choice of weapons when planning an attack
Judge advocate, intelligence and operations personnel
Examples of objects specifically proved under th LOAC include medial units or establishment and transports of wounded and sick personnel. Name five others.
- Military and civilians hospital ships
- Safety zones established under the Geneva conventions
- Religious, cultural and charitable buildings
- Monuments
- POW camps
When may objects that are normally protetetced from direct attacks lose their protected status.
When they are used for military purposes
According to the LOAC what is the only place enemy military aircraft may not be attacked or destoryed
In neutral airspace or territory
When must an attack on enemy military aircraft be discontinued, according to the LOAC
When the aircraft is clearly disabled and has lost its mean of combat
According to the LOAC when may airmen who parachute from a disabled aircraft be attacked
When they resist or are downed behind their own lines and continue to fight. (Those who offer no resistance bay not be attacked)
Name two conditions that allow civil aircraft in flight to be lawfully attacked
When the civili aircraft initiates an attack or then a reasonable suspicion of hostility intent exists
Military medical aircraft are subject to lawful attack when they initiate an attack. If not known to be engaged in medical operation at the time, name two of the four other times they are subject to lawful attack
- When they do not bear a clearly marked Red Cross, red rescent or other recognized symbol
- They do not fly at heights, times and on routes specifically agreed to
- They fly over enemy territory or enemy occupied territory, unless otherwise agreed
- They approach enemy territory or a combat zone oand disregard a summons to land
Where may military member show violate the LoAC face criminal prosecution and punishment
in a national or international frum
Is I was following orders and acceptable defense in a war crime trail
No
_____ are illegal acts that may be justified as a last resort under the circumstances to stop illegal acts committed first by the adversary
Reprisals
Who may authorized a reprisal by US forces under the LOAC
Only the President of the US (Commander in Chief)
Which Air Force Publication contains guidance on handling an possible LOAD violation
AFPD 51-4
You must inform your commander if you know of or receive a report of apparent LOAC violations by the enemy, allies, US armed forces. red any other. True or False
True
To whom would you report an alleged LOAC violation by a US commander
To the next higher US command authority or the nearest judge advocate, inspector general, an OSI special agent or a security forces memeber
What ensures force is used according to national policy goals, mission requirements and the rule of Law
Rules of Engagement (ROE)
What do mission specific rules of engagement provide
More detailed application of LOAC principles tailored to the political and military nature of a missions execution orders, operations plans and operations orders
Who must understand, remember and apply mission ROEs
All Airmen
The US standing Ruels of Engagement provide guidance on self defense and applying force for mission accomplishment. Who issues and approves SRROEs
The chairman, Joint Chiefs of Staff issues the SRTOE and the President and Sedf approve them
Do standing ROEs limit a commanders inherent authority and obligation house all means necessary and appropriate for personal, unit or US forces Self defense
No
What are the four methods of self defense listed in the SROEs
- Nation
- Collective
- Unit
- Individual
Under the rules of engagement two elements that must be considered before using force in self defense are 1. Deescalation, 2. necessity and name two other coindisterations
- Proprortionality
4. Pursuit
Under the ROES who does propitonality contain the use of force in self defnese
The force used must be reasonable in inentisty, duration and magnitude compared to the threat as known to the commander at the time
Us forces can pursued engage a force that has committed a hostile act or demonstrates suc=h intent, if that force continues to commit hostile acts or demonstrate hostile intent. True or False
True (applicable rules of engagement may restrict or omit the ability of US forces to peursure or engage a hostile fora and interantional border
What does the AF mission nd our rsponsiblty to the nation require of AF members
That we adhere to higher standards than nonmilitary members both on and off duty
What may result if military personnel violate the punitive provisions of DoDD 5500.07, Standards of Conduct, DoD 5500.07R, The joint Ethics Regulation and AFI 1-1 Air Force Standards
Prosecution under the UCMJ and or administrative action
What may result if civilian personnel violate the pu=native provisions of DoDD 5500.07 Standards of Conduct and DoD 5500.07R The Joint Ethics Regulation and AFIO 1-1 Air Force Standards
Disciplianary action whiteout regard to the issue of criminal liability, or administrative actions such as reprimands
______ Are standards of conduct based on values.
Ethics (Ethical values relate to what is right and wrong and take precedence over nonethical values when making decisions)
Ethical _____ are core beliefs that motivate attitudes and actions
Values
What 10 Primary ethical values should DoD employesees carefully consider when making decisions in their official duties
- Honesty
- Integrity
- Loyalty
- Accountability
- Fairness
- Careing
7 Respect
8 Promiskeeping
9 Responsbile Citizenship
10 Pursuit of Excellence
Name three aspect of Honesty as an ethical value
- Being truthful
- Strioaghtforward
- Candid
How can you display the ethical value Integrity in your everyday conduct
Be faithful to your convictions, follow your principles, act with honor, maintain independent judgment and perform uyouir duties with impartiality
What ethical Value is synonymous with fidelity, faithfulness, allegiance,e and devotion an, and requires careful balance Amon various interests, values and instituations
Loyallty ( It is the bond that holds the nation and the US govenemtn together.
When you accept respoinsbilty of your decisions and the resulting consequences, what ethical value do you uphold
Accountability
Open minded, impartial, unbiased and tolerant describe a person who upholds what. ethical value
Fairness
What. ethical value is the counterbalance to the temptation to pursue the mission at any cost
Caring for others (Compassion, courtesy and kindness)
What does lack of the ethical value respect in government lead to
A breakdown of loyalty and honesty, leading to chaos in the international community
Keeping your commitments and promoting trust and cooperation are aspects of what ethical value
Promis keeping (only make commitments within your authority)
Justice must be pursued and injustice must be challenged through accepted means according to what ethical value
Responsible citizenshiop
Setting an example of superior diligence and commitment and striving to be better then mediocre are aspects of what ethical value
Pursuit of excellence
When do personal relationships between AF members become a amatter of official concern
When they adversely affect the AF by eroding morale, good order, discipline, respect for authority, unit cohesion or mission accomplishment
AFI _____ Professional and Unprofessional Relationships, establishes responbiltyies for maintain profession relationships
AFI 36-2909
Professional relationships extend to organizational activities such as athletic competitions, religious activities, community welfare projects and youth programs true or false
True
Why do un;erofessional reslathiospsh undermine monrale and discipline
They dart from the authority of superiors and create an impression of favoritism, misuse of office or positions, or abandonment of organizational goals in favor of personal interests
Who can unprofessional relationships develop between
- Officers
- Enlistedmembers
- Officers and enlisted meembers
- Military member sand civilian employees or contractors
Familiar relationships in which one member exercise supervisory or command authority present a high risk of becoming unprofessional. What other kinds of relatiohisops present this risk
Relationships involving shared living accommodations, actions, transportation or off duty interests on a frequent or recurring basis in the absence of any official purpose or organtiaionl benefit
Fraternizations a _____ form of unprofessional reslathisp;
Aggravated
How is fraternization defined by the MCM
A personal relationship between an officer and en enlisted member that violates behavior acceptable in the AF and prejudices good order and discipline, discredits the Armed Services or personally disgraces or dishonors the officer involved
Is fraternization specifically prohibited in the MCM
Yes (It is punishable under article 134 of the UCMJ)
Members relative positions in the Org can change an others permissible personal relations into an upfrofessional relatiohsiop. Name another such factor.
The members relative position in the supervisory and command chains
As Differences in grades _____ the risk that relatihsiops within an organization will become or be perceived as unprofessional des so as well
Increase
As long as members are not dating within the same chain of command or unit, a relationship has no adverse affect on morale or disciple true or fales
Fales
Potential danger sexist in personal relatiohsops 1. within an organization. 2. with= civilian employees and contractor personnel 3. with dating and close friendships. Name three more…
- Shared Activiteis
- Training, schools and PME
- Other relationships
A supervisor and subordinate play an occasional round of golf together. Is this an inappropiorate relationshiop
No
Personal relationships between recruiters and potential recruits doing the recruiting process, or between students and faculty or staff in training schools Orr pre are generally permitted. True or False
False
During the recruiting process and in BMT the _____ military member is in a position to directly affect, postivleey or negatively, the career of the potential recruit or junior memeber
Senior
Name several examples of unprofessional activities that could adversely impact morale, discipline and respect for authoity
Gambling, partying with subordinates, joint business ventures and soliciting or making sales to subordinates or members junior in rank, grade or pistion
Inf a military member violates a lawful order to peace an unprofessional relation or conduct he or his is subject to prosecution under th UCMJ. True or False
True
Can military members be prosecuted fore criminal offenses ocmmitted incidental to an unprofessional relatihonsip
Yes
Who is primarily responsible for maintain appropriate relationships between junior and senior members
The senior member, officer or enlisted
Who has the authority an drespoinbity to maintain good order, discipline and morale within the runit
Commanders and supervisors at all leveles
Who should take corrective action when a relationship is causing or may cause degradation of moral , good order, discipline or unit cohesion
A commander or superviosr
When you consider the full spectrum of administrative actions available to respond to unprofessional relatihoips, which action should you normally choose
The least severe action that will end the unprofessional aspect of the relatiohsiop
What may be an effective first step if a commander or supervisor believes and unprofessional relationship is occurring
Counseling
An order to terminate an unprofessional relationship, or the offensive aspect of a relationship can and should be given when it is apparent that what may to be effective
Lesser administrative action
What are officers and enlisted members subject to if they violate orders to terminate an inrofessoinal relatiohsiop
action under the UCMJ
In unprofessional relationships that show actual favoritism, partially or misuse of grade or piston, each instance may constitute independent violations of the UCMJ or the pubntitive provision of the Joint Ethics Regulation. True or False
True
Which AFI establishes administrative and management guiltiness ofr alleged delinquent financial obligations and for processing financial claims agains air Force Members
AFI 36-2906 Personal Financial Responsibility
Paying just financial obligations in a proper and timely manner is one financial respoinbitly of military members. Name three more.
- Providing adequate finical support of a spouse, child or any other relative for whom the member receives additional allowances for support
- Complying with the financial support provision of a court order or written support agreement
- Responding to applications fo rinovlunteary allotments of pay
Commander attempt to respond to finical commpainb within _____ days
15 days
What actions can your commander take if you fail to sties a legitimate financial obligation
He or she may take admisntrative or disciplinary action
To help invidicuals and families maintain financial stability and reach they financial goals, the Personal Financial Management. Program offers free assistance what there areas
- Inforomation
- Education
- Personal Financial Counseling
