The International Law of Armed Conflict: An Overview

1. The InternationalLaw of Armed Conflict:An Overview

2. Introduction • Use of Force Law • Law of Armed Conflict • Focus in Presentation: • international armed conflict • armed conflict on land • Purposes: • unnecessary suffering & minimum damage • principles of war • encourage reciprocity • obtain intelligence • maintain discipline

3. Major Sources of Law • International Agreements • 1907 Hague Convention IV • 1949 Geneva Conventions • 1977 Additional Protocol I • Customary International Law • International Human Rights Law?

4. General Principles • Military Necessity • Unnecessary Suffering • Distinction • Proportionality

5. Targeting • Intentionally Attack Only Military Objectives: • combatants • military objects • Combatants • armed forces, other groups fighting with them • inhabitants repelling invasion • civilians for such time as they take a direct part in hostilities

6. Targeting Combatants- Exceptions • Medical & Religious Personnel • Surrender • Prisoner of War • Wounded & Sick

7. Targeting Military Objects • Nature • Location • Purpose • Use • effectively contribute to military action • attack would offer a definite military advantage

8. Proportionality Rule • incidental civilian injury & damage excessive to the concrete & direct military advantage anticipated

9. Precautions in Attack • do everything feasible to verify target as a military objective • do not attack if in doubt that civilian object is used by military • among several military objectives of equal advantage, choose least dangerous to civilians & civilian objects

10. Ruses & Perfidy • Ruses are permitted • but may not violate law of armed conflict • Uniforms & Colors • neutral states • enemy • distinctive emblems • Perfidy prohibited • false white flag • feigning wounds or sickness • feigning civilian status • use of neutral uniforms & colors • Spies

11. Enemy Property • Public Moveable Property on Battlefield • Private Property • damaged or taken only with strict military necessity • payment to be made when taken • Pillage Prohibited • Payment for Combat DamageNot Required

12. Initial Treatment of Captives • Search for and treat enemy military wounded & sick • Initially treat all captives as prisoners of war • Doubt as to prisoner of war status resolved by competent tribunal

13. Prisoner of War Status • regular armed forces • militia & volunteer units with armed forces • militia & other partisans not with armed forces who: • have responsible commander • have uniform or distinctive sign • carry arms openly • follow law of armed conflict • authorized persons accompanying armed forces • merchant marine & civil air crews • inhabitants resisting invasion • for AP I states: combatants who carry arms openly in deployment & combat

14. Captives Not Prisoners of War • Detained until end of hostilities • Fairly tried for law of armed conflict violations • Treatment: Geneva Conventions- humanely • Treatment: AP I- fundamental humanitarian guarantees • Full time medical & religious personnel • Spies • Mercenaries

15. Prohibited Weapons General Rules in Customary Law: • Needless injury or unnecessary suffering • Indiscriminant Weapon Prohibited by International Agreement: • Expanding Small Arms Ammunition Expanding Small Arm Ammunition Sudan Air Force AN26 Used as Bomber World War II Japanese Balloon Bomb

16. Prohibited Weapons Weapons Prohibited by International Agreement: • Anti-Personnel Land Mines • Incendiary Weapons in certain circumstances • Laser Weapons intended to blind U.S. M14 Incendiary Hand Grenade Russian PNM 1 or 2 AP “Dumb” Mine U.S. FASCAM AP “Smart” Mine

17. Prohibited Weapons Weapons Prohibited by International Agreement: • Cluster Munitions • Explosive Remnants of War Unexploded Ordnance, Some From Iran-Iraq War U.S. Sensor Fused Weapon- “Smart” Cluster Munition

18. Prohibited Weapons Weapons Prohibited by International Agreement: • Poison • Chemical Weapons (including Riot Control Agents) • Biological Weapons

19. Enforcement • State Duty to Order Compliance & Enforce Law • War Crime Defined • Command Responsibility

20. Enforcement • Trial by a State • military courts or tribunals • civilian courts • Universal Jurisdiction over Grave Breaches

21. Enforcement • International Courts • victorious allied nations • UN Security Council • International Criminal Court • No Statute of Limitations

22. Conclusion: Law of International Armed Conflict • Applies in armed hostilities between: • state vs. state • certain international terrorist groups vs. state • Primary purpose: protect civilians • Fundamental principles: • military necessity, unnecessary suffering, distinction, proportionality • Provides restrictions on: • targeting, treatment of detainees & property, and weapons • States are obligated to enforce