Law of Law of Land Land

WarfareWarfare

AgendaAgenda

• What is the law of warWhat is the law of war• Purpose of the law of warPurpose of the law of war• Who are NoncombatantsWho are Noncombatants• Basis for the law of warBasis for the law of war• Lawful and unlawful targetsLawful and unlawful targets•Protection of Civilian PropertyProtection of Civilian Property• Prisoner of WarPrisoner of War• Treatment of Captured PersonnelTreatment of Captured Personnel• Lawful and unlawful ordersLawful and unlawful orders• Rules of Engagement (ROE)Rules of Engagement (ROE)

What is the Law of What is the Law of War?War?

• The law of war governs the actions of The law of war governs the actions of combatants in combat and police actions combatants in combat and police actions whether or not war is declaredwhether or not war is declared

•The law of war places limits on the exercise of a The law of war places limits on the exercise of a belligerent's power and requires them to refrain belligerent's power and requires them to refrain from employing a degree of violence not actually from employing a degree of violence not actually necessary for military purposes and that they necessary for military purposes and that they conduct hostilities with regard for principles of conduct hostilities with regard for principles of humanity and chivalryhumanity and chivalry

Purpose Purpose

The conduct of armed hostilities on land is regulated by The conduct of armed hostilities on land is regulated by the law of land warfare which is both written and the law of land warfare which is both written and unwritten. It is inspired by the desire to diminish the unwritten. It is inspired by the desire to diminish the evils of war by:evils of war by:

1.1. Protecting both combatants and noncombatants Protecting both combatants and noncombatants from unnecessary sufferingfrom unnecessary suffering

2.2. Safeguarding certain fundamental human rights Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and particularly prisoners of war, the wounded and sick, and civilianssick, and civilians

3.3. Facilitating the restoration of peaceFacilitating the restoration of peace

Noncombatants

• CIVILIANS• WOUNDED AND SICK• PRISONERS OF WAR• PARACHUTISTS OF DISABLED AIRCRAFT• MEDICAL PERSONNEL• CHAPLAINS• JOURNALISTS

Basis For Law of WarBasis For Law of War

International Treaties• Hague Conventions, 1906

- Governs the actual conduct of fighting battles

• Geneva Conventions, 1949 and 1977 Protocols

1. Protection of POW’s2. Protection of Civilians3. Protection of Wounded and Sick

Unlawful Targets

The attack of noncombatants and protected property is illegal

Lawful Targets• Combatants

– a combatant is any one engaging in hostilities in an armed conflict on behalf of a party to the conflict.

• Military Objectives– A combatant, a dependent place, and those objects

which by their nature, location, purpose or use, make an effective contribution to military action.

• Incidental Injury and Collateral Damage – Unavoidable and unplanned damage to civilian

personnel and property incurred while attacking a military objective.

Protection of Civilian Property(1 of 2)

• It is always unlawful to intentionally target civilians or civilian property

• Combatants should take all reasonable steps to shield civilians and their property from the unintended consequences of combat (Collateral Damage)

• Civilian Property may only be taken for a legitimate military need

• Make minimization of collateral damage a key factor in the targeting process

• Do not treat several military targets located in a general civilian area as one large target

Protection of Civilian Property(2 of 2)

• Use real or artificial observation assets for indirect fire missions.

• Civilian Property may only be taken for a legitimate military need.

• Treat all non-uniformed personnel not attempting to cause direct injury to your force as civilians.

• Civilians and civilian property must never be intentionally targeted.

• Take all reasonable steps to shield civilians from unintentional harm.

• Never take civilian property without both a military need and appropriation procedures.

Requirements to Protect Prisoners of War

• Search the POW

• Silence the POW

• Segregate the POW

• Safeguard the POW

• Speed to the rear

POWs have the right to

• Receive food, shelter and clothing adequate to stay in good health

• Receive medical care• Send and receive mail• Keep personal property except

weapons, military equipment and certain documents

• Retain their military identification card

POWs have the right to

• To be provided copy of the Geneva Conventions in their native language

• To complain to the camp commander about camp conditions

• Practice their religion

• Due process in trials for any offenses committed while in captivity

Duties towards Prisoners of War

• Afford POW protections until directed otherwise by the appropriate commander

• Treat with Respect and Honor– respect their sex (separate men from women)– Respect their religion

• Evacuate POWs in a humane manner• Provide adequate food, clothing , and shelter• Provide medical care as necessary

Treatment of Captured Treatment of Captured PersonnelPersonnel

• Humane TreatmentHumane Treatment• Torture and CoercionTorture and Coercion• Physical TorturePhysical Torture• Mental TortureMental Torture• Equal TreatmentEqual Treatment

Humane Treatment

• Everyone is Entitled

• No Degrading or Humiliating Treatment

• Protected From Violence & Intimidation

• Shielded From Insults & Public Curiosity

• Given Respect for Their Persons & Honors

• No Reprisals Allowed

Torture and Coercion

• POWs may NOT be threatened, insulted, or exposed to disadvantageous treatment of ANY kind

• Torture - The infliction of intense pain to body or mind to

extract a confession or information, or for sadistic pleasure

• Coercion - Actions designed to unlawfully induce another

to commit an act against one’s will

Physical Torture• Electric Shock• Pain Through Chemicals• Pain Through Bondage

• Legitimate Use of Restraints to Prevent Escapes

• Forced to Stand, Sit, or Kneel in Abnormal Positions for Prolonged Periods of Time

• Food Deprivation• Any Form of Beating

Mental Torture

• Mock Executions

• Abnormal Sleep Deprivations

• Chemically Induced Psychosis

Coercion• Threatening or Implying Physical or Mental

Torture to the Subject, His Family, or Others to Whom He Owes Loyalty

• Intentionally Denying Medical Assistance or Care in Exchange for Information Sought or Other Cooperation

• Threatening or Implying that Other Rights Guaranteed by the Geneva Conventions Will NOT be Provided Unless Cooperation is Forthcoming

Equal Treatment• Required Regardless of Race, Religious

Beliefs, Nationality, Political Opinions, or Other Distinctions Based on Similar Criteria

• May Be Segregated in Order to Maintain Order in the Camp, to Impose Punishment, for Medical Reasons or Protection

• Women must have separate facilities and be treated as favorably as men

Lawful and Unlawful Orders

• Not all orders are lawful

• Do not have to follow unlawful or unethical orders

• Always have right to self defense

• Examples

Rules of Engagement

• Ensure compliance of law of land warfare

• Shaped to each specific mission (SFOR5, OIF, fall FTX)

• Will have a different ROE each time you deploy

Operation Paint Ball Pursuit• Use minimum force necessary to accomplish your mission• Hostile forces who want to surrender will not be harmed• Movement or fire outside of the area of operations is forbidden• Armed personnel not in Caquetan uniforms are friendly forces

and not to be engaged• Use only minimum force necessary to defend yourself• You may open fire upon an individual who fires or orients any

form of weapon in your direction• You may open fire upon an individual who attempts to take

possession of friendly force weapons, munitions or protected property including prisoners of war.

• Do not fire your weapon within five (5) feet of your target• Do not fire your weapon at friendly forces• Do not attempt to modify your weapon in any manner

ConclusionConclusion

• What is the law of warWhat is the law of war• Purpose of the law of warPurpose of the law of war• Who are NoncombatantsWho are Noncombatants• Basis for the law of warBasis for the law of war• Lawful and unlawful targetsLawful and unlawful targets•Protection of Civilian PropertyProtection of Civilian Property• Prisoner of WarPrisoner of War• Treatment of Captured PersonnelTreatment of Captured Personnel• Lawful and unlawful ordersLawful and unlawful orders• Rules of Engagement (ROE)Rules of Engagement (ROE)