Standards of Conduct Flashcards
Is that part of international law that regulates the conduct of armed hostilities; Arises from civilized nations humanitarian desire to lessen the effects of conflicts, protects combatants and noncombatants
Law of Armed Conflict (LOAC)
Tries to keep conflicts from degenerating into savagery and brutality, thereby helping to restore peace
LOAC
Requires each military department to design a program that ensures LOAC observance; prevents violations, ensures prompt reporting of violations
DoDD 2311.01E, DoD Law of War Program
Is embodied in both customary international law and treaties
LOAC
Five important LOAC principles
military necessity, distinction, proportionality, humanity, and chivalry
Permits the application of only that degree of regulated force required for the submission of the enemy with the least expenditure of life, time, and physical resources; always limited to military objectives
Military Necessity
must take into consideration the extent of civilian destruction and probable casualties; ensure civilian losses are proportionate to the military advantages sought
Proportionality
Also referred to as the principle of unnecessary suffering, prohibits the employment of any kind or degree of force not necessary for the purpose of war
Humanity
Demands a certain amount of fairness; common law of war forbids treacherous attempts to injure the enemy
Chivalry
Consist of 4 seperate international treaties that govern the treatment of wounded and sick forces, POWs, and civilians during war
Geneva Conventions of 1949
The Geneva Conventions distinguish between
combatants, noncombatants, and civilians
Civilians who take a direct part in hostilities without authority to do so are
unlawful combatants or unprivileged combatants
Defined in The Department of Defense Detainee Program as persons not entitled to combatant immunity, who engage in acts against the US in violation of the laws and customs of war during an armed conflict; Civilian who puts out UXO
Unlawful Combatants
Must play a critical role in determining the propriety of a target and the choice of weapon to be used under the particular circumstances known to the commander when planning an attack
Judge advocate, intelligence, and operations personnel
Provides specific protection to certain objects inluding medical units, transports of wounded or sick; religious, cultural building, monuments and POW camps
LOAC
Enemy military aircraft may be attacked and destroyed wherever found unless
they are in neutral airspace or territory
Are the commission of otherwise illegal acts that may be justified as a last resort to put an end to illegal acts committed first by the adversary.
Reprisal; authority to approve reprisals is held at the highest decision making level - the President
Includes guidance on handling a possible LOAC violation
AFI 51-104