Jus in Bello

Question 1

What is jus in bello?

Answer 1

the law regulating armed forces engaged in armed conflict.

Question 2

What does DoD Directive 2311.01E do?

Answer 2

Requires that US armed forces abide by the law of war regardless of how the conflict is characterized.

Question 3

What are the two types of armed conflict?

Answer 3

International armed conflict and non-international armed conflict.

Question 4

What is an international armed conflict?

Answer 4

State vs. State

Question 5

What is a non-international armed conflict?

Answer 5

State vs. Non-State actors

Question 6

What UN documents apply to international armed conflicts?

Answer 6

Common Article 2 and Additional Protocol I of 1977

Question 7

What UN documents apply to non-international armed conflicts?

Answer 7

Common Article 3 and Additional Protocol II

Question 8

What are the four fundamental principles of the law of war?

Answer 8

Military necessity, distinction, proportionality, and unnecessary suffering

Question 9

Examples of combatants?

Answer 9

Regular military, militia, etc.

Question 10

Are wounded or sick combatants targetable?

Answer 10

No

Question 11

Who are noncombatants?

Answer 11

Medical personnel or chaplains

Question 12

Whether something is a military object is determined by what four factors?

Answer 12

nature of the object, use, purpose, location.

Question 13

How can a hospital ship lose its protections?

Answer 13

By committing acts harmful to the enemy.

Question 14

Before a hospital ship can be attacked because it has committed an act harmful to the enemy, what must happen first?

Answer 14

It must be warned and given a chance to cease.

Question 15

Medical Evacuation

Answer 15

Evacuating personnel in need of medical assistance. This is protected.

Question 16

Casualty Evacuation

Answer 16

Evacuating a casualty. These are not protected.

Question 17

Ruse vs. Perfidy

Answer 17

Ruse: deception/camouflage/ambushes, etc. Perfidy: unfair use of the rules of war to gain an advantage. (wearing enemy uniforms, red cross emblems, false white flag, etc.)

Question 18

Proportionality in regards to use of force refers to what?

Answer 18

The collateral damage caused by use of force cannot be disproportionate to the advantage gained by the use of force.

Question 19

Proportionality only applies when . . . ?

Answer 19

when an attack may possibly affect civilians or civilian objects.

Question 20

Can medical care be discriminatory between sides?

Answer 20

No

Question 21

Must a shipwreck be caused by military forces in order for the duty to respect and protect apply?

Answer 21

No

Question 22

Who are actors whose POW status is in doubt?

Answer 22

Spies, saboteurs, deserters/defectors, advisors, belligerent diplomats, armed contractors, mercenaries, etc.

Question 23

What process is used to determine the POW status of someone whose status is in doubt?

Answer 23

Article 5 tribunals

Question 24

Combatant Immunity —

Answer 24

if a POW is a lawful combatant, they cannot be prosecuted for lawful acts performed while in combat.

Question 25

When must POWs be repatriated to their home nation?

Answer 25

Upon the end of hostilities.

Question 26

When must retained persons be repatriated to their country?

Answer 26

When they have completed their medical or chaplain duties.