LOAC Flashcards
What is LOAC?
LOAC tries to balance humanity with military necessity without undermining the objective of military victory.
What are the relevant acronyms? (#1)
- POW: prisoner of war
- PSO: peace support operations
- IAC: international armed conflicts
- NIAC: non-international armed conflicts
- DPH: directly participating in hostilities
- ICRC: international committee of the red cross
- ICC: international criminal court
- ICJ: international court of justice
- UNCLOS: united nations conventions of the law of the sea
- SOFA: status of force agreements
What are the relevant acronyms? (#2)
- ICTY: international criminal tribunal for Yogoslavia
- ICTR: international criminal tribunal for Rwanda
- MEZ: maritime exclusion zone
- TEZ: total exclusion zone
- DMZ: de-militarised zone
- CDREM: collateral damage and risk estimation and mitigation
- PMC: private military company
- PMSC: private military security company
- PSC: private security company
- ICRC: international committee of the red cross
What are the relevant acronyms? (#3)
- NIB: national information bureau
- UNSC: united nations security council
- ROE: rules of engagement
- UNESCO: united nations educational, scientific, and cultural organisation
- ICAO: international civil aviation organisation
- ADIZ: air defence identification zone
- MOOTW: military operation other than war
- PKF: peace keeping forces
- MIO: maritime interdiction operation
Translate these relevant latin terms.
- jus ad bellum: the law against war
- jus in bello: the law in war
- lex specialis: the law governing specific subject matter
- lex generalis: the law only governing general matters
- lex lata: the law as it exists
- lex ferenda: the law in future
- stare decisis: let the decision stand
- ex lege: by virtue of the law
- hors de combat: incapable of performing combat duties
What are the advantages of LOAC?
- encourage reciprocal conduct by enemy soldiers
- ensures good order and discipline
- maintains domestic and international public support
- compliance is required by law
- protects both combatants and non-combatants
- safeguards persons who fall into the hands of the enemy
- ends conflict easier
- facilitates restoration of peace
- reduces the waste of resources in combat and the rest of the reconstruction after conflict
Define ratification.
the act undertaken on the international plane whereby a State establishes its consent to be bound by a Treaty.
What are the LOAC principles?
- MILITARY NECESSITY
use of force not otherwise prohibited by LOAC to achieve objectives as quickly as possible - AVOIDING UNNECESSARY SUFFERING
weapons and combat actions not directed at military objectives - DISTINCTION
during conflict one must distinguish between military and civilian personnel, and what is prohibited or permitted - PROPORTIONALITY
actions only lawful if they do not cause excessive incidental civilian casualties or excessive damage to civilian objects
Name examples of internal disorder where LOAC is not applicable.
- riots
- labour unrest
- sporadic disturbances
- political unrest
- strikes
- insurgency
- gang warfare
- taxi-wars
What is the responsibility of a commander?
- every member in a position of command has a direct responsibility to ensure LOAC
- commander must ensure that measures are taken to prevent LOAC violations and that breaches are immediately stopped and punished
- commander may be held responsible for crimes committed by subordinate if they knew or had reason to know
- commander has to prevent commission of the offence; and punish the perpetrators
- responsibility extends to all military operations
- prevent breaches of LOAC
- suppress breaches where possible
- report breaches to competent authorities
- teach members about LOAC and make them aware of their obligation
- initiate steps to prevent or punish violations of LOAC
What do the Geneva Conventions and Hague Law refer to?
- GC: protection of people
- HL: restrictions on means and methods of warfare
What are the criminal acts individuals are held liable for?
- Personally committing a war crime
- Attempting to commit a war crime
- Assisting in, facilitating, aiding or abetting the commission of a war crime
- Planning or instigating the commission of a war crime
Who are the specially protected persons?
- medical personnel
- wounded, sick and shipwrecked
- religious personnel
- personnel protecting cultural objects
- civilians
- children
- women expecting children
- aged persons
What are the specially protected buildings?
- medical establishments
- religious objects
- civil defence organisations
- places of worship
- cultural objects
- installations containing dangerous forces
- objects indispensable to the survival of civilians
When is aircrew hors de combat?
- when an aircraft is disabled and whilst under parachute (except paratroopers)
- are POW if landed in neutral territory during conflict
- when descending from disabled aircraft and continues to resist
When may you kill aircrew?
- lose their protection when escaping and evading
- upon re-entering the conflict by committing subsequent hostile acts
How do you identify combatants?
- members of regular armed forces
- members of organised movements
identification:
- commanded by a person responsible for the actions of subordinates
- having fixed distinctive insignia recognisable at a distance
- carrying arms openly
- conducting operations within the LOAC
- having a rank structure
What are the Geneva Conventions?
GC 1: Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
GC 2: Amelioration of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea
GC 3: Relative to the Treatment of Prisoners of War
GC 4: Relative to the Protection of Civilian Persons in Time of War
AP 1: Protection for the Victims of IAC
AP 2: Protection of the Victims of NIAC
AP 3: Adoption on an Additional Distinctive Emblem
Define military objective.
those objects which by their nature, location, purpose or use, make an effective contribution to military action and whose total or partial destruction or neutralisation under the circumstances at the time offers a definite military advantage
Explain what nature means.
- nature: fundamental character
- has an inherent attribute that contributes to military action
e.g. military bases, aircraft, vehicles, depots, weapons, equipment
Explain what location means.
- areas offering opponents a route of advance or retreat
e.g. mountain passes, tunnels, footpath in dense jungle
Explain what purpose means.
- focuses on intended future use
- attacker does not need to wait until object is being utilised
Explain what use means.
- related to present function
- civil object can become military object
What are dangerous installations and works?
- contains hazardous material inside it, that should not be released in uncontrolled manner
- objects that form a barrier to natural resources under control
- nuclear power stations
