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