Enabling Learning Objective A

1

• Law of War
• Military Law
• Hague Convention
• Geneva Convention
• Rules of Engagement
• Prisoners of War
• Non-Combatants
• Violations

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HAGUE Convention(s)

• The Hague Conventions were 2 international
  treaties negotiated at international peace
  conferences at The Hague in the Netherlands
• The 1st Hague Conference in 1899 the 2nd
  Hague Conference in 1907.
• Along with the Geneva Conventions, the Hague
  Conventions were among the first formal
  statements of the laws of war and war crimes in
  the nascent body of secular international law.
• A 3rd conference was planned for 1914 later
  rescheduled for 1915, but never took place due to
  the start of World War I.

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GENEVA Convention(s)

• The Geneva Conventions comprise 4 treaties 3
  additional protocols that set the standards in
  international law for humanitarian treatment of
  the victims of war.
• The singular term Geneva Convention refers to
  the agreements of 1949, negotiated in the
  aftermath of World War II, updating the terms of
  the first 3 treaties adding a 4th treaty.
• The language is extensive, with articles
  defining the basic rights of those captured
  during a military conflict, establishing
  protections for the wounded, addressing
  protections for civilians in around a war zone.
  
• The treaties of 1949 have been ratified, in
  whole or with reservations, by 194 countries.

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GENEVA Protocol
The Geneva Conventions do not address the use of
weapons of war, as this is covered by the Hague
Conventions (1899 1907) and the Geneva
Protocol. The Geneva Protocol to the Hague
Convention is considered an addition to the
Convention. Signed on June 17, 1925 entering
into force on February 8, 1928, it permanently
bans the use of all forms of chemical and
biological warfare in its single section,
entitled Protocol for the Prohibition of the Use
in War of Asphyxiating, Poisonous or Other Gases,
and of Bacteriological Methods of Warfare. The
protocol grew out of the increasing public outcry
against chemical warfare following the use of
mustard gas and similar agents in World War I,
and fears that chemical and biological warfare
could lead to horrific consequences in any future
war. The protocol has since been augmented by the
Biological Weapons Convention (1972) the
Chemical Weapons Convention (1993).
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Application of the Conventions

• The Geneva Conventions apply at times of war
  armed conflict to governments who have ratified
  its terms.
• The details of applicability are spelled out in
  Common Articles 2 3.
• When the Geneva Conventions apply, governments
  must surrender a certain degree of their national
  sovereignty to comply with international law.

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As a member of the Armed Forces you must be
informed about Geneva and Hague Conventions that
pertain to small unit combat operations. Not
only are you obligated to obey these conventions
as an individual, you are also obligated to
enforce them as a leader.
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UNLAWFUL LAWFUL Targets

• UNLAWFUL Targets
• The attack of noncombatants protected property
  is illegal.
• You must be able to distinguish noncombatants
  from combatants protected property from
  military objectives.

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LAWFUL Targets

• Combatants are LAWFUL targets. A combatant is
  any one engaging in hostilities in an armed
  conflict on behalf of a party to the conflict.
• Military Objectives are LAWFUL targets defined
  as combatants, defended places, those objects
  which by their nature, location, purpose, or use
  make an effective contribution to military
  action.
• Incidental Injury Collateral Damage defined as
  unavoidable unplanned damage to civilian
  personnel property incurred while attacking a
  military objective. NOT a violation of
  international law.

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NON-Combatants

• NON-Combatants.
• Civilians.
• Wounded Sick in the field at sea.
• Hors de Combat (Out of Combat).
• Prisoners of War.
• Parachutists of Disabled Aircraft.
• Medical Personnel.
• Chaplains.
• Journalists.

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CIVILIANS

• Civilians are persons who are not members of the
  enemys armed forces who do not take part in
  the hostilities.
• They may NOT be the subject or sole object of a
  military attack.

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WOUNDED SICK

• Soldiers who have fallen by reason of sickness or
  wounds who cease to fight are to be respected
  protected.
• Shipwrecked members of the armed forces at sea
  are to be respected and protected.
• Shipwrecked includes downed passengers/crews on
  aircraft, ships in peril castaways.

12
Hors de Combat

• Soldiers that are Hors de Combat are enemy
  personnel who are out of combat
• Examples are
• 1. Wounded and Sick
• 2. Prisoners of War
• 3. Parachutists of disabled aircraft.
• 4. Medical Personnel.

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Prisoners of WAR

• Captors must respect (not attack) and protect
  (care for) those who surrender.
• Surrender may be made by any means that
  communicates the intent to give up.

14
Parachutists of Disabled Aircraft

• Parachutists who are crewmen of a disabled
  aircraft are presumed to be out of combat may
  not be targeted unless it is apparent they are
  engaged on a hostile mission.
• Exception- paratroopers are presumed to be on a
  military mission therefore may be targeted.

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Medical Personnel

• Medical personnel of the Armed Forces
• Doctors, nurses, surgeons, chemist, stretcher
  bearers, Medics, Corpsman, orderlies who
  are exclusively engaged in the direct care of the
  wounded and sick.
• Administrative staffs of medical units (drivers,
  cooks, etc).
• Auxiliary Medical Personnel of the Armed Forces.
• Those persons who have received special
  training and are carrying out their medical
  duties when they come in contact with the enemy.
• Relief Societies.
• personnel of the National Red Cross Society
  other recognized relief Societies.
• Personnel of relief societies of neutral
  countries.

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Chaplains Journalists

• CHAPLAINS are protected persons.
• JOURNALISTS. Protected as a noncombatants
  provided they take no action adversely affecting
  their status as civilians.

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LAWFUL Use of Force Concepts

• Military Necessity actions not forbidden by law
  indispensable for the submission of the enemy.
• Humanity minimization of incidental injury,
  collateral damage, and suffering.
• Proportionality suffering must not be
  disproportionate to the direct and concrete
  military advantage gained.
• Discrimination attacks must be directed against
  a specific, military target.

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Types of Protected Property

• Property dedicated to the humanities, structures
  of cultural or historical significance, schools,
  orphanages.
• Civilians. Attacking civilians or civilian
  property is prohibited (includes dwellings,
  schools, etc).
• Cultural Property (1954 Cultural Property
  Convention)
• Religious structures/buildings.
• Universities, Colleges, Schools.
• Historical Monuments Museums.
• Hospitals locations with sick wounded.
• Buildings dedicated to Charities.
• However, misuse will subject them to attack! The
  enemy has a duty to indicate the presence of such
  buildings with visible distinctive
  signs/markings.

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Protected Medical Transports Facilities

• The following shall NOT be attacked
• Ambulances.
• Hospital Ships.
• Medical Aircraft.
• MEDEVAC Helicopters.
• Hospitals Medical Units/Establishments
• Buildings.
• Mobile (Tents).
• NOTE Protection shall not cease UNLESS they are
  used to commit acts harmful to the enemy.

20
Improper Use of Symbols/Emblems

• Treachery or Perfidy (actions in bad faith
  chivalry).
• Misuse of Red Cross/Red Crescent, or cultural
  property symbol.
• Feigning surrender or the intent to negotiate
  under a flag of truce.
• Use of enemy property (see next slide)
• Cultural property (misuse subject to attack).
• Feigning civilian, non-combatant status.
• Feigning incapacitation by wounds/sickness.
• Feigning protected status by using UN, neutral,
  or nations not party to the conflict's signs,
  emblems, or uniforms (Bosnian-Serb example).

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Use of Enemy Property

• Combatants may wear enemy uniforms (for example,
  to infiltrate) but cannot fight in them.
• Military personnel not wearing their uniform lose
  their PW status if captured and risk being
  treated as spies.

22
Unnecessary Suffering
Acts that constitute unnecessary suffering
harm, to include alteration of weapons or
ammunition the use of poisons Principle of
unnecessary suffering or humanity It is
especially forbiddento employ arms, projectiles
or material calculated to cause unnecessary
suffering. This concept also extends to the
unnecessary destruction of property.
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Unnecessary Suffering (cont)
Weapons may be illegal Per se Those weapons
calculated to cause unnecessary suffering,
determined by the usage of states. Examples
lances with barbed heads, irregular shaped
bullets, projectiles filled with glass. By
Improper Use Using an otherwise legal weapon in
a manner to cause unnecessary suffering.
Example a conventional air strike against a
military objective where civilians are nearby vs.
the use of a more precise targeting method that
is equally available if the choice is made with
intent to cause unnecessary suffering.
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Unnecessary Suffering (cont)
By Agreement or Prohibited by Specific Treaties
Example certain landmines, booby traps, laser
weapons are prohibited by the Protocols to the
1980 Conventional Weapons Treaty. Hollow Point
Ammunition typically, this is semi-jacketed
ammunition that is designed to expand
dramatically upon impact. This ammo is
prohibited for use in armed conflict by customary
international the treaties mentioned above.
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Unnecessary Suffering (cont)
Fragmentation Fragmentation weapons are LEGAL
unless used in an illegal manner. They are
UNLAWFUL if fragments are undetectable by X-ray,
such as weapons that employ glass or plastic
fragments. Altering Lawful Weapons Altering
lawful weapons may create unnecessary suffering,
if so, such alteration is also illegal. Example
a soldier can not take issued ammunition and cut
to metal jacket so that the round expands as it
travels thru the air.
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Unnecessary Suffering (cont)

• Chemical Weapons
• Poison has been outlawed for thousands of
  years. It is considered treacherous.
• The 1925 Geneva Protocol prohibits the use of
  lethal, incapacitating, biological agents.
• The U.S. considers the 1925 Geneva Protocol as
  applying to both lethal incapacitating chemical
  agents.
• The 1993 Chemical Weapons Convention was
  ratified by the U.S. came into force in April
  1997. In this convention, parties agree to never
  develop, produce, stockpile, transfer, use, or
  engage in military preparations to use chemical
  weapons. Retaliatory use (2nd use) is also not
  allowed a significant departure from the 1925
  protocol.
• Each party agree NOT to use Riot Control Agents
  (CS) as a method of warfare.

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Protection of POWs Detainees

• Search the POW.
• Silence the POW.
• Segregate the POW.
• Safeguard the POW.
• Speed to the rear.

The 5 Ss
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POW Rights

• Receive food, shelter clothing adequate to stay
  in good health.
• Receive medical care.
• Send and receive mail.
• Keep personal property except weapons, military
  equipment certain documents.
• Retain their military identification card.

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POW Rights (cont)

• 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.

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POW Rights (cont)

• 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, shelter.
• Provide medical care as necessary.

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Protection of Civilians Property

• It is always unlawful to intentionally target
  civilians or civilian property.
• Combatants should take all reasonable steps to
  shield civilians their property from the
  unintended consequences of combat (Collateral
  Damage)
• Civilians civilian property should be warned
  prior to bombardment.
• 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.
• Use real or artificial observation for indirect
  fire missions (observed fire).
• Civilian Property may only be taken for a
  legitimate military need wit appropriate
  authorization procedures (ODS/ODS).
• Treat all non-uniformed personnel not attempting
  to cause direct injury to your force as civilians.

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Rules of Engagement

• Directive issued by competent superior
  authority (region Commander) that delineate the
  circumstances limitations under which US forces
  will initiate and/or continue engagement with
  other forces.
• ROE are usually MORE restrictive than what the
  law of war would allow.
• Includes targeting rules.

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Reporting Violations War Crimes

• DOD DIRECTIVE 5100.77
• DOD Law of War Program.
• CJCSI 5810.01 (Aug 1996)
• Implementation of DOD LOW Program.
• FM 27-10 (paragraph 507)
• Department of the Army Law of Land Warfare.

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Reporting Law of War Violations War Crimes

• As soon as possible, report, in writing or
  orally, the event you believe to be a war crime
  violation to your Commander, the Chaplain, IG, JA
  or next immediate Commander depending on who may
  be involved.
• Look to specific regulations put out by your
  Command Headquarters.

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The Geneva Convention TODAY

• Although warfare has changed dramatically since
  the Geneva Conventions of 1949, they are still
  considered the cornerstone of contemporary
  International Humanitarian Law.
• They protect combatants who find themselves
  hors de combat, they protect civilians caught
  up in the zone of war.
• These treaties came into play for all recent
  international armed conflicts, including the War
  in Afghanistan (2001present), the 2003 invasion
  of Iraq, the invasion of Chechnya (1994present),
  the 2008 War in Georgia.