(W) Law of War

Question 1

What is the humanitarian purpose of the law of war?

Answer 1

• Protect both combatants and noncombatants from unnecessary suffering
• Safeguard persons who fall into the hands of the enemy
• Facilitates the restoration of peace

Question 2

For what two purposes is the law of war important?

Answer 2

Humanitarian and Functional

Question 3

What is the functional purpose of the law of war?

Answer 3

• Ensures good order and discipline
• Fights in a disciplined manner consistent with national values
• Maintains domestic and international public support

Question 4

What are the 5 principles of the law of war?

Answer 4

Military Necessity
Distinction
Proportionality
Unnecessary Suffering
Chivalry

Question 5

Describe lawful combatants

Answer 5

• May carry out attacks on enemy military personnel and equipment
• May be attacked by enemy military personnel
• Bear no criminal responsibility for killing or injuring enemy military personnel or hostile civilians
• May be tried for breaches of the LOW
• May only be punished for breaches of the LOW
• If captured, should receive humane treatment and entitled to prisoner of war (POW) status

Question 6

Define unnecessary suffering as it relates to the law of war.

Answer 6

It is prohibited to employ weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. Protects Combatants

Question 7

Define proportionality as it relates to the law of war.

Answer 7

When considering a target the damage to civilians and their property cannot be excessive in relation to the military advantage gained. Proportionality is not a requirement if the target is purely military. Protects Non-Combatants

Question 8

Define distinction as it relates to the law of war.

Answer 8

The only legitimate object of attack in an armed conflict is military personnel or property. Does not prohibit collateral damage, but civilians cannot be directly targeted. Protects Non-Combatants

Question 9

Define military necessity as it relates to the law of war.

Answer 9

Justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. Protects Combatants

Question 10

What is necessity of uniform?

Answer 10

Members of the armed forces of a party to the conflict lose their right to be treated as prisoners of war whenever they deliberately conceal their status for the purpose of gathering military information or for the purpose of waging war by destruction of life or property. (FM 27-10)

Question 11

What are the criteria of a military objective?

Answer 11

• Location includes areas that are militarily important
• Purpose means future intended or possible use
• Use refers to how an object is presently being used

Question 12

What is an undefended place?

Answer 12

A location can no longer be targeted as a military objective if:

• All combatants and mobile military equipment are removed
• No hostile use of fixed military installations or establishments
• No acts of hostilities committed by the authorities or by the population
• No activities in support of military operations

Question 13

Who and what are protected under the law of war?

Answer 13

• Civilians
• Protection of Medical Units and Establishments – Hospitals
• Captured Medical Facilities and Supplies of the Armed Forces
• Medical Transport
• Cultural Property