Law Of War Flashcards
Law of War defines
- that part of war that regulates the conduct of armed hostilities.
- The purpose is to prevent unnecessary suffering, safeguard certain fundamental human rights of those involved in a conflict, and to ultimately restore peace.
What are the Principles of the Law of War
- Military necessity
- Proportionality
- Avoid unnecessary suffering
- Distinction
Evolution and development of Law of War
- Hague Convention of 1907
2. Geneva Convention of 1949
What are Combatants
- Members of the armed forces.
- Members of a regular militia or volunteer units.
- Members of guerrilla units.
- Levee en Masse (members of a non-occupied nation who take up arms against an enemy).
What are the Characteristics of Combatants
- Wearing of a fixed and distinct uniform.
- Open carriage of arms.
- Acting under the command of a responsible leader.
- Obeying the law of war
What are Noncombatants
. those who may accompany combatants but do not perform in that capacity. Examples include: • Correspondents. • Technical personnel. • Contractors. • Medical personnel. • Chaplains. • Other civilians
The law of war states Noncombatants
may not be the
sole subjects of an attack, and warring parties must
minimize damage to any noncombatant or civilian
population involved.
Whatare spies?
- as those who act under false pretenses in order to obtain information and communicate that information back to a hostile or potentially hostile party.
- is not a violation of the law of war, but agents captured are prosecutable under the laws of the nation in which they are captured.
- are not a protected partyunder the law of war.
Terrorists, Insurgents, Saboteurs, Partisans
- are not protected by the law of war.
- The only exception to this rule is if the parties act in line with the definition of a protected combatant, they must:
• Wear a distinguishable or distinct uniform.
• Openly carry arms.
• Act under a distinguishable leader while they themselves operate under the law of war.
- The following rules dictate our handling of detained persons:
STRESS Search Tag Report Evacuate Segregate Silence
What are Protected Places
- Protected places are buildings or structures that are not
considered valid military targets. Examples of these structures are:
• Hospitals.
• Churches.
• Mosques.
______________only to be used for their intended use, such as marking targets and terminal guidance of munitions.
Lasers
_______________The Marine Corps defines small arms ammunition as those of 40mm size and below.
Small Arms Munitions
__________________are lawful as long as utilized in a manner that does not cause unnecessary suffering
Incendiaries
• Napalm.
• Flame-throwers.
• White phosphorus
________________is legal as long as it is not used in an illegal manner such as against a protected structure.
Fragmentary ammunition
______________Weapons in this category (such as Claymore mines) are authorized with the premise that suffering is minimized.
Landmines and Booby Traps
____________(such as pepper spray and tear gas) are incapacitating agents. Presidential approval is the only authorization that allows these weapons to be used.
Riot Control Agents Riot control agents
____________such as rubber bullets and bean bag rounds) are lawful
Non-lethal Weapons
______________“treacherous means of warfare” and are prohibited under the law of war.
Chemical and Biological Weapons
What are Tactics and the Law of War
- Ruses
- Treachery
- Assassination
- Reprisal
What are Ruses
- is a tactic in which the actions injure the enemy as a result of legitimate deception. Examples include:
• Planting fictitious units via false information.
• Putting up dummy installations.
• False communication transmissions.
• Using a small force to simulate a larger unit. - are accepted under the law of war.
Treachery
- is a means of injuring the enemy through his adherence to the law of war.
- An example would be feigning, such as faking injury or truce in order to lure enemy into range to engage. Misuse of the Red Cross or any other noncombatant organization is also classified as a form of treachery.
- is a violation of the law of war
What is Assassination
- is the act of specifically targeting a predominant person, usually an important political figure, to kill.
- Under the law of war, targeting military leadership is legal; however, killing of purely civilian heads of state is prohibited
What is Reprisal
- is a like response to an illegal attack, such as a chemical response to a chemical attack. By definition, this act is supposed to get the enemy to adhere to the law of war.
- This act is prohibited under the law of war.
What is Implications and Training Marines
- Implications as a result of lack of training or blatant violation can have tremendous effects on a unit. The potential repercussions are immeasurable.
- We must further empower subordinate unit leaders to continue the training at their levels. The purpose of such training is to reinforce self-discipline.
Three functions of ROE
(1) Provide guidance from the President and Secretary of Defense to deployed units on the use of force for mission accomplishment and the exercise of the inherent right and obligation of unit self-defense;
(2) Act as a control mechanism for the transition from peacetime to combat operations (war); and
(3) Provide a mechanism to facilitate planning and training
ROE framework encompass what?
- national policy goals
- mission requirements
- rule of law
What is the Purposes of ROE
- Political
- Military
- Legal
Political ROE-
ROE ensure that national policy and objectives are reflected in the action of commanders in the field, particularly under circumstances in which communication with higher authority is not possible.
Military ROE-
ROE provide parameters within which the commander must operate in order to accomplish its assigned mission:
• ROE provide a ceiling on operations and ensure that U.S. actions do not trigger an undesired response or escalation.
• ROE may regulate a commander’s means and method of warfare by granting or withholding the authority to use certain weapons, weapons system, or tactics.
• ROE may also reemphasize the scope of the mission. Units deployed overseas for training exercises may be limited to use of force only in self defense, reinforcing the training rather than combat nature of the mission.
Legal ROE-
ROE provide restraints on commander’s actions consistent with both domestic and international law and may, under certain circumstances, impose greater restrictions on action than those required by the law.
Global objectives of ROE and National Security
- Deterring armed attack against the US across the range of military operations.
- Defeating an attack should deterrence fail.
- Preventing or neutralizing hostile efforts to intimidate or coerce the US by the threat or use of armed force or terrorist actions.
US policy, should deterrence fail, provides flexibility to respond to crises with options that:
- Are proportional to the provocation.
- Are designed to limit the scope and intensity of the conflict.
- Will discourage escalation.
- Will achieve political and military objectives
Standing ROE (SROE) for US Forces-
is a SECRET document and not available for public distribution. Portions of the introductory material are not classified as SECRET and may be available at your unit for training purposes.
________________approves ROE for US forces
The Secretary of Defense (SECDEF)
What are the two purposes of SROE
o Provide implementation guidance on the application of force for mission accomplishment, and
o Ensure the proper exercise of the inherent right of self-defense
Nine Rules of LOAC (Law of Armed Conflict)
- Marine fight only enemy combatants
- Treat humanely all EN soldiers who surrender or captured
- Do not kill or torture detainee personnel
- Collect and care for the wounded
- Do not attack protected persons or places
- Destroy no more than the mission requires
- Respect private property and possessions
- Treat all civilian humanely
- Do their best to prevent LOAC violations and report violations to their superiors
Techniques for Training ROE
- the most effective methods of training Marines in
ROE are discussion groups, scenario based training, and the use of pocket cards
Responsibility for Training ROE
Commanders are responsible for developing and issuing ROE. Commanders have the obligation to ensure that the individuals within that commander’s unit understand when and how they may use force in self-defense
Positive ID (PID)
- is required for applies for some purposes of mission accomplishment (e.g., engaging a declared hostile force),
- but not in cases of self-defense (e.g., force used in response to a hostile act or demonstrated hostile intent).
Hostile Force (SROE)
Any civilian, paramilitary, or military force or terrorist(s), that has been declared hostile by appropriate US authority.
Three levels of self-defense
a. National -
b. Collective -
c. Unit and individual
Theater-Specific ROE
oThe SROE may be modified as necessary to reflect changing political and military policies, threats, and missions specific to a specific area of operations.
