Jus in Bello Flashcards
What is jus in bello?
the law regulating armed forces engaged in armed conflict.
What does DoD Directive 2311.01E do?
Requires that US armed forces abide by the law of war regardless of how the conflict is characterized.
What are the two types of armed conflict?
International armed conflict and non-international armed conflict.
What is an international armed conflict?
State vs. State
What is a non-international armed conflict?
State vs. Non-State actors
What UN documents apply to international armed conflicts?
Common Article 2 and Additional Protocol I of 1977
What UN documents apply to non-international armed conflicts?
Common Article 3 and Additional Protocol II
What are the four fundamental principles of the law of war?
Military necessity, distinction, proportionality, and unnecessary suffering
Examples of combatants?
Regular military, militia, etc.
Are wounded or sick combatants targetable?
No
Who are noncombatants?
Medical personnel or chaplains
Whether something is a military object is determined by what four factors?
nature of the object, use, purpose, location.
How can a hospital ship lose its protections?
By committing acts harmful to the enemy.
Before a hospital ship can be attacked because it has committed an act harmful to the enemy, what must happen first?
It must be warned and given a chance to cease.
Medical Evacuation
Evacuating personnel in need of medical assistance. This is protected.
Casualty Evacuation
Evacuating a casualty. These are not protected.
Ruse vs. Perfidy
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.)
Proportionality in regards to use of force refers to what?
The collateral damage caused by use of force cannot be disproportionate to the advantage gained by the use of force.
Proportionality only applies when . . . ?
when an attack may possibly affect civilians or civilian objects.
Can medical care be discriminatory between sides?
No
Must a shipwreck be caused by military forces in order for the duty to respect and protect apply?
No
Who are actors whose POW status is in doubt?
Spies, saboteurs, deserters/defectors, advisors, belligerent diplomats, armed contractors, mercenaries, etc.
What process is used to determine the POW status of someone whose status is in doubt?
Article 5 tribunals
Combatant Immunity —
if a POW is a lawful combatant, they cannot be prosecuted for lawful acts performed while in combat.
When must POWs be repatriated to their home nation?
Upon the end of hostilities.
When must retained persons be repatriated to their country?
When they have completed their medical or chaplain duties.
