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MILITARY LAW > LAW OF ARMED CONFLICTS/IHL > Flashcards

LAW OF ARMED CONFLICTS/IHL Flashcards

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1
Q

What is the main objective of the law of war?

A

To facilitate the restoration of peace and safeguard fundamental human rights

The law of war seeks to reconcile military needs with humanitarian requirements.

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2
Q

What are the principal sources of the law of war?

A

Custom and Treaties/Conventions

Treaties represent attempts to codify customary law.

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3
Q

What is a ‘Party to a Treaty’?

A

A state bound by the international treaties it accepted by ratification or accession.

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4
Q

Define ‘Combatants’ in the context of the law of war.

A

Members of the armed forces, except medical and religious personnel, engaged in combat.

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5
Q

What is a ‘Neutral State’?

A

A state formally or in fact not party to a given armed conflict.

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6
Q

What is the role of a ‘Protecting Power’?

A

A neutral state designated to ensure compliance with the law of war and to perform specific tasks regarding prisoners and civilians.

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7
Q

What does ‘Military Necessity’ justify?

A

Measures required to overpower the enemy that are not forbidden by law.

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8
Q

Fill in the blank: A prisoner of war is any _______.

A

combatant who has fallen into the power of the enemy.

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9
Q

What are ‘Military Objectives’?

A

Military installations or platforms that are legitimate targets in armed conflict.

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10
Q

What is ‘Civil Defence’?

A

Volunteer civilian population assigned to tasks for the protection of civilians during war or disaster.

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11
Q

List the main principles of treatment for prisoners of war.

A
  • Humanity
  • Protection
  • Respect
  • Women and Children
  • Equality
  • Elimination
  • Protection from Bombardment and Chemical Warfare
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12
Q

True or False: Military medical and religious personnel are considered combatants.

A

False

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13
Q

What constitutes a grave breach of the conventions?

A
  • Willful killing or torture of prisoners
  • Unlawfully destroying property protected by conventions
  • Compelling prisoners to serve in armed forces
  • Unlawful deportation of inhabitants of occupied territory
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14
Q

What is the Geneva Convention 1949?

A

An internationally recognized code of conduct for warfare that provides for the protection and treatment of prisoners of war.

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15
Q

What is ‘Levee en masse’?

A

Inhabitants who spontaneously take up arms to resist invading forces without having time to form organized units.

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16
Q

What should be ensured regarding the possessions of prisoners of war?

A

They must be safely kept.

17
Q

What is the obligation of all parties regarding grave breaches of the conventions?

A

To search for anomalies and bring to trial personnel who commit or order grave breaches.

18
Q

What does the term ‘Civilian Persons’ refer to?

A

Individuals who do not belong to the armed forces and do not participate in armed conflict.

19
Q

What is considered a grave breach concerning prisoners of war?

A

Wilfully causing great suffering or serious injuries

This includes actions such as unlawful deportation or compelling prisoners to serve in armed forces.

20
Q

What must a prisoner of war provide when interrogated?

A

Surname, first name, rank, date of birth, and number

Their identity card may be requested but cannot be confiscated.

21
Q

What forms of coercion are prohibited during the interrogation of prisoners of war?

A

Physical, mental pressure, or any other form of coercion

This is to ensure the humane treatment of prisoners.

22
Q

What possessions are prisoners of war entitled to retain?

A

Personal use items, except arms, horses, and military equipment

Money is retained until documentation is completed.

23
Q

What disciplinary sanctions can be applied to prisoners of war?

A
  • Fine not exceeding 50% of pay
  • Discontinuance of privileges
  • Fatigue duties not exceeding 2 hours daily
  • Confinement

Sanctions must be in accordance with the conventions.

24
Q

What is the detaining power’s responsibility regarding the labor of prisoners of war?

A

They may utilize the labor of physically fit prisoners with fair pay

Work must not contribute to the war effort and must ensure humane working conditions.

25
Q

What rights do civilians in occupied territories have?

A

Respect for person, honour, family rights, and protection against violence

Women are to be especially protected against attacks on their honour.

26
Q

What are examples of grave breaches against civilians?

A
  • Detention in dangerous areas
  • Physical suffering measures
  • Arbitrary punishment
  • Collective penalties
  • Taking hostages

These breaches violate the rights of civilians under international law.

27
Q

What is the primary responsibility for the control of refugees in conflict areas?

A

Local civilian authorities

If unable, military commanders must take over responsibilities.

28
Q

What principles must troops adhere to when responsible for refugees?

A
  • Treat refugees fairly and humanely
  • Preserve fundamental rights including life and movement
  • Avoid torture or maltreatment

Violations can lead to civil jurisdiction.

29
Q

What is required when multinational forces operate in a foreign state?

A

Special agreements and detailed cooperation rules

Territorial laws apply with additional military command measures.

30
Q

What are the rules of conduct for military operations?

A
  • Fight only combatants
  • Attack only military targets
  • Spare civilians and their property
  • Limit destruction to mission requirements

These rules guide ethical behavior in combat.

31
Q

What should be done with enemy combatants who surrender?

A
  • Spare them
  • Disarm them
  • Treat them humanely
  • Hand them over for evacuation

They are only required to give personal identification information.

32
Q

What is prohibited regarding the treatment of civilian persons?

A
  • Ill-treatment
  • Taking hostages
  • Damaging or stealing property

Respect and humane treatment are mandated.

33
Q

What constitutes a violation of the law of war?

A

Acts that can lead to punishment under national or international law

Examples include war crimes trials after WWII.

34
Q

What should a soldier do if given an unlawful order?

A

Report it and disobey if insisted upon

Orders that violate laws of war must not be followed.

35
Q

What is the concluding obligation of combatants under the law of war?

A

Limit death, destruction, and unnecessary suffering

Combatants must maintain discipline and respect for the law.

MILITARY LAW (9 decks)

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