MSL 401, Lesson 6a : The Law of Land Warfare

The Law of Land Warfare

MSL 401, Lesson 6a : The Law of Land Warfare

Rev. 15 Apr 2005 Slide 2 of 27

Law of War Based on international law

Geneva and Hague Conventions Result of many years of practice As an Army leader you must know, follow and

enforce the Law of War

MSL 401, Lesson 6a : The Law of Land Warfare

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What is the Law of War? Law of war governs actions of combatants and

police actions, whether or not war is declared The law of war places limits on the exercise of a

belligerent’s power and requires them to refrain from employing a greater degree of violence than actually necessary for military purposes.

The law of war ensures that belligerents conduct hostilities with regard for principles of humanity and chivalry.

MSL 401, Lesson 6a : The Law of Land Warfare

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Basis for the Law of War Hague Convention (1906) – governs the actual

conduct of fighting battles Geneva Convention (1949 and 1977 protocols)

provides for 1) Protection of EPW’s; 2) Protection of Civilians; and 3) Protection of Wounded and Sick

Customs: Apply to all cases of declared war or any other armed conflict which may arise between US and other nations even if state of war is not recognized by one of them. Becomes applicable to civil war upon recognition of the rebels as belligerents

MSL 401, Lesson 6a : The Law of Land Warfare

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Geneva Convention Lawful targets – combatants, buildings used Prisoners of War – Who qualifies for

protection; protections given; principles of treatment

Weapons used – Determination made by TJAG Prohibited weapons such as: Poison,

chemical weapons, flame throwers/napalm, booby traps, .50 caliber weapons, biological weapons, shotguns

MSL 401, Lesson 6a : The Law of Land Warfare

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Why Follow the Law of War?

Reciprocity Increase/maintain public support at

home Decreased enemy resistance Enhances mission accomplishment Facilitates restoration of peace It is the LAW in the US

MSL 401, Lesson 6a : The Law of Land Warfare

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Lawful Use of Force Over-Riding Principle:

Balance military necessity against unnecessary suffering and ask is it proportionate?

Military necessity Unnecessary suffering Proportionality

MSL 401, Lesson 6a : The Law of Land Warfare

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Targets Unlawful targets

Noncombatants Protected property

Lawful targets Combatants

Engaging in hostilities Under responsible command Wears clearly distinctive signs Carries arms openly Abides by Law of War

Military objectives Combatants or defended places by

nature, location, purpose or use contribute to military action

MSL 401, Lesson 6a : The Law of Land Warfare

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Incidental injury - Collateral Damage Unavoidable and unplanned – occurs

during attack of military objective Involves civilian personnel or property Not considered a violation of

international law

MSL 401, Lesson 6a : The Law of Land Warfare

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Noncombatants Civilians Wounded and sick “Out of combat” personnel

EPWs Medical personnel, including auxiliaries Chaplains Relief societies Journalists

MSL 401, Lesson 6a : The Law of Land Warfare

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Protected Property Civilian owned property (not in use for military

purposes) Cultural property

buildings dedicated to religion, art, science, charitable purposes, historic monuments, hospitals, casualty collection points

Should be designated with visible and distinctive signs Misuse of property makes them subject to attack

MSL 401, Lesson 6a : The Law of Land Warfare

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Medical Transports/Property Ambulances, medical ships, medical

aircraft Medical units and establishments Mobile medical facilities Medical supplies

MSL 401, Lesson 6a : The Law of Land Warfare

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Acts that Violate Protection Treachery – using protected status to gain

military advantage Misuse of Red Cross, Red Crescent, medical

symbols Feigning surrender Use of enemy property/uniforms Misuse of cultural property Feigning civilian status Feigning wounds or illness Feigning protected status (UN, neutral signs..)

MSL 401, Lesson 6a : The Law of Land Warfare

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EPW Rights Basic necessities

Reasonably accommodate food habits Shelter and clothing Keep their personal property (photos, religious medallion,

clothing etc) Money – may be taken only by an officer – receipt must be

given to EPW Copy of Geneva convention – once in camp Practice of their religion EPWs violating camp rules can be punished by court martial

or administrative proceeding Make requests regarding conditions of captivity

MSL 401, Lesson 6a : The Law of Land Warfare

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Requirements to Report DOD Directive 5500.77

Requires prompt reporting and investigation of alleged war crimes

UCMJ or Federal law applied first CJCSI 5810.01 – joint policy for conduct of US

armed forces Establishes reporting channels

FM 27-10 Parties to Geneva Conventions required to search

and punish those responsible for war crimes

MSL 401, Lesson 6a : The Law of Land Warfare

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Reporting Procedures Combatant command usually publishes policy or

regulation Key information

Persons involved Location, date, time Names of witnesses Description of events Physical evidence

Unlawful or illegal order Seek clarification Seek revocation or modification IAW Law of War Refuse to obey Report

MSL 401, Lesson 6a : The Law of Land Warfare

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Violations of the Law of War War crimes When are they

reportable? How are they reported?

Examples/violations of the law of war Grenada Panama Nuremburg Vietnam Serbia