LAW OF ARMED CONFLICTS/IHL Flashcards
What is the main objective of the law of war?
To facilitate the restoration of peace and safeguard fundamental human rights
The law of war seeks to reconcile military needs with humanitarian requirements.
What are the principal sources of the law of war?
Custom and Treaties/Conventions
Treaties represent attempts to codify customary law.
What is a ‘Party to a Treaty’?
A state bound by the international treaties it accepted by ratification or accession.
Define ‘Combatants’ in the context of the law of war.
Members of the armed forces, except medical and religious personnel, engaged in combat.
What is a ‘Neutral State’?
A state formally or in fact not party to a given armed conflict.
What is the role of a ‘Protecting Power’?
A neutral state designated to ensure compliance with the law of war and to perform specific tasks regarding prisoners and civilians.
What does ‘Military Necessity’ justify?
Measures required to overpower the enemy that are not forbidden by law.
Fill in the blank: A prisoner of war is any _______.
combatant who has fallen into the power of the enemy.
What are ‘Military Objectives’?
Military installations or platforms that are legitimate targets in armed conflict.
What is ‘Civil Defence’?
Volunteer civilian population assigned to tasks for the protection of civilians during war or disaster.
List the main principles of treatment for prisoners of war.
- Humanity
- Protection
- Respect
- Women and Children
- Equality
- Elimination
- Protection from Bombardment and Chemical Warfare
True or False: Military medical and religious personnel are considered combatants.
False
What constitutes a grave breach of the conventions?
- 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
What is the Geneva Convention 1949?
An internationally recognized code of conduct for warfare that provides for the protection and treatment of prisoners of war.
What is ‘Levee en masse’?
Inhabitants who spontaneously take up arms to resist invading forces without having time to form organized units.
What should be ensured regarding the possessions of prisoners of war?
They must be safely kept.
What is the obligation of all parties regarding grave breaches of the conventions?
To search for anomalies and bring to trial personnel who commit or order grave breaches.
What does the term ‘Civilian Persons’ refer to?
Individuals who do not belong to the armed forces and do not participate in armed conflict.
What is considered a grave breach concerning prisoners of war?
Wilfully causing great suffering or serious injuries
This includes actions such as unlawful deportation or compelling prisoners to serve in armed forces.
What must a prisoner of war provide when interrogated?
Surname, first name, rank, date of birth, and number
Their identity card may be requested but cannot be confiscated.
What forms of coercion are prohibited during the interrogation of prisoners of war?
Physical, mental pressure, or any other form of coercion
This is to ensure the humane treatment of prisoners.
What possessions are prisoners of war entitled to retain?
Personal use items, except arms, horses, and military equipment
Money is retained until documentation is completed.
What disciplinary sanctions can be applied to prisoners of war?
- 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.
What is the detaining power’s responsibility regarding the labor of prisoners of war?
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.
What rights do civilians in occupied territories have?
Respect for person, honour, family rights, and protection against violence
Women are to be especially protected against attacks on their honour.
What are examples of grave breaches against civilians?
- Detention in dangerous areas
- Physical suffering measures
- Arbitrary punishment
- Collective penalties
- Taking hostages
These breaches violate the rights of civilians under international law.
What is the primary responsibility for the control of refugees in conflict areas?
Local civilian authorities
If unable, military commanders must take over responsibilities.
What principles must troops adhere to when responsible for refugees?
- Treat refugees fairly and humanely
- Preserve fundamental rights including life and movement
- Avoid torture or maltreatment
Violations can lead to civil jurisdiction.
What is required when multinational forces operate in a foreign state?
Special agreements and detailed cooperation rules
Territorial laws apply with additional military command measures.
What are the rules of conduct for military operations?
- Fight only combatants
- Attack only military targets
- Spare civilians and their property
- Limit destruction to mission requirements
These rules guide ethical behavior in combat.
What should be done with enemy combatants who surrender?
- Spare them
- Disarm them
- Treat them humanely
- Hand them over for evacuation
They are only required to give personal identification information.
What is prohibited regarding the treatment of civilian persons?
- Ill-treatment
- Taking hostages
- Damaging or stealing property
Respect and humane treatment are mandated.
What constitutes a violation of the law of war?
Acts that can lead to punishment under national or international law
Examples include war crimes trials after WWII.
What should a soldier do if given an unlawful order?
Report it and disobey if insisted upon
Orders that violate laws of war must not be followed.
What is the concluding obligation of combatants under the law of war?
Limit death, destruction, and unnecessary suffering
Combatants must maintain discipline and respect for the law.
