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