LAW OF WAR
SFC HAWBAKER
MOTIVATOR
GAS ATTACK VICTIMS
IRAN-IRAQ WAR 1988
TERMINAL LEARNING
OBJECTIVE
• ACTION: Ensure a thorough understanding of
the basic principles of the Law of War.
• CONDITIONS: In a classroom environment,
given this block of instruction.
• STANDARD: Ensure a thorough understanding
of the basic principles of the Law of War in order
to maintain compliance with the Law of War.
OVERVIEW
• Definition
• General Policy
• Principles
• The Geneva Conventions
REFERENCES
• FM 27-10
– The Law of Land Warfare
• DA PAM 27-1
– Treaties governing Land Warfare
• DODD 2311.01E
– DoD Law of War Program
• JP 1-02
– Department of Defense Dictionary of Military
and Associated Terms
SAFETY REQUIREMENTS
• None
RISK ASSESSMENT
• Overall – LOW
• Stay awake – this is very exciting stuff and you
wouldn’t want to miss anything
• Don’t trip – not only will you look clumsy, but
we’ll all laugh at you
• Stay hydrated – just don’t drink from any water
source on Fort Sill
ENVIRONMENTAL
CONSIDERATIONS
• None
EVALUATION
• You will not be formally evaluated on your retention of
this material although there will be periodic check on
learnings.
• Quite frankly if you fail to understand this material you’re
probably a little slow and should consider re-classing as
a 13B.
• More importantly you could potentially violate the Law of
War and ultimately be subject to the UCMJ and/or an
international military tribunal which could result in your
imprisonment and possible execution. So pay attention.
ENABLING LEARNING
OBJECTIVE 1
• ACTION: Define Law of War and explain
the general policy.
DEFINITION
• Law of War — That part of international
law that regulates the conduct of armed
hostilities. Also called the law of armed
conflict. (JP 1-02)
• Note: Law of war (LOW) and law of armed
conflict (LOAC) are used interchangeably
throughout the references and will be done
so in this class.
DEFINITION (cont.)
• The LOAC arises from a desire among civilized nations
to prevent unnecessary suffering and destruction while
not impeding the effective waging of war.
• A part of public international law, LOAC regulates the
conduct of armed hostilities. It also aims to protect
civilians, prisoners of war, the wounded, sick, and
shipwrecked.
• LOAC applies to international armed conflicts and in the
conduct of military operations and related activities in
armed conflict, however such conflicts are characterized.
POLICY
• DODD 2311.01E, DoD Law of War Program,
requires each military department to design a
program that:
• ensures LOAC observance
• prevents LOAC violations
• ensures prompt reporting of alleged LOAC
violations
• appropriately trains all forces in LOAC
• completes a legal review of new weapons
POLICY (cont.)
• LOAC training is a treaty obligation of the United
States under provisions of the 1949 Geneva
Conventions.
• Military personnel must consider LOAC to plan
and execute operations and must obey LOAC in
combat.
• Those who violate LOAC may be held criminally
liable for war crimes and court-martialed under
the Uniform Code of Military Justice.
CHECK ON LEARNING
Name 2 of the 5 things DODD 2311.01E
requires each military department to do?
– ensure LOAC observance
– prevent LOAC violations
– ensure prompt reporting of alleged LOAC
violations
– appropriately train all forces in LOAC
– complete a legal review of new weapons
CHECK ON LEARNING
LOAC training is a treaty obligation of the
United States under provisions of ___?___
– the 1949 Geneva Conventions.
ENABLING LEARNING
OBJECTIVE 2
ACTION: Explain the principles of the Law of
War.
PRINCIPLES
Three important LOAC principles govern
armed conflict:
• Military necessity
• Distinction
• Proportionality
MILITARY NECESSITY
• Military necessity requires combat forces to engage in
only those acts necessary to accomplish a legitimate
military objective.
• Attacks shall be limited strictly to military objectives.
• In applying military necessity to targeting, the rule
generally means the US Military may target those
facilities, equipment, and forces which, if destroyed,
would lead as quickly as possible to the enemy’s partial
or complete submission.
DISTINCTION
• Distinction means discriminating between lawful
combatant targets and noncombatant targets
such as civilians, civilian property, POWs, and
wounded personnel who are out of combat.
• The central idea of distinction is to only engage
valid military targets.
• Distinction requires defenders to separate
military objects from civilian objects to the
maximum extent feasible.
PROPORTIONALITY
• Proportionality prohibits the use of any kind or degree of
force that exceeds that needed to accomplish the military
objective.
• Proportionality compares the military advantage gained
to the harm inflicted while gaining this advantage.
• Proportionality seeks to prevent an attack in situations
where civilian casualties would clearly outweigh military
gains. This principle encourages combat forces to
minimize collateral damage.
CHECK ON LEARNING
_______?_______ requires combat forces
to engage in only those acts necessary to
accomplish a legitimate military objective.
– Military necessity
CHECK ON LEARNING
____?____ prohibits the use of any kind or
degree of force that exceeds that needed
to accomplish the military objective.
– Proportionality
CHECK ON LEARNING
_____?_____ requires defenders to
separate military objects from civilian
objects to the maximum extent feasible.
– Distinction
ENABLING LEARNING
OBJECTIVE 3
ACTION: Explain some of the key rules
derived from the Geneva Conventions of
1949 and how the LOAC can be enforced.
INJURY FORBIDDEN AFTER
SURRENDER
• You can not “kill or wound an enemy who,
having laid down his arms, or having no
longer means of defense, has surrendered
at discretion.”
PERSONS DESCENDING BY
PARACHUTE
• The law of war does not “prohibit firing upon
paratroops or other persons who are or appear
to be bound upon hostile missions while such
persons are descending by parachute.”
• “Persons other than those mentioned in the
preceding sentence who are descending by
parachute from disabled aircraft may not be fired
upon.”
ASSASSINATION AND
OUTLAWRY
• You can not “kill or wound treacherously
individuals belonging to the hostile nation or
army.”
– This article is construed as prohibiting assassination,
proscription, or outlawry of an enemy, or putting a
price upon an enemy’s head, as well as offering a
reward for an enemy “dead or alive”.
– It does not, however, preclude attacks on individual
soldiers or officers of the enemy whether in the zone
of hostilities, occupied territory, or elsewhere.
ARMS CAUSING UNNECESSARY
INJURY
• You can not “employ arms, projectiles, or
material calculated to cause unnecessary
suffering.”
– What weapons cause “unnecessary injury” is highly
subjective. This prohibition does not extend to the use
of explosives contained in artillery projectiles, mines,
rockets, or hand grenades.
– Usage has established the illegality of the use of
irregular-shaped bullets… and the scoring of the
surface or the filing off of the ends of the hard cases
of bullets. (which would render them frangible, much
like hollow point bullets)
PILLAGE FORBIDDEN
• “The pillage of a town or place, even when
taken by assault, is prohibited.”
• PILLAGE : the act of looting or plundering,
especially in war
IMPROPER USE OF
IDENTIFYING DEVICES
• You can not “make improper use of a flag
of truce, of the national flag, or of the
military insignia and uniform of the enemy,
as well as the distinctive badges of the
Geneva Convention.
BUILDINGS AND AREAS TO BE
PROTECTED
• “…all necessary measures must be taken
to spare, as far as possible, buildings
dedicated to religion, art, science, or
charitable purposes, historic monuments,
hospitals, and places where the sick and
wounded are collected, provided they are
not being used at the time for military
purposes.”
PROTECTED BUILDINGS TO
DISPLAY SIGN
• “It is the duty of the inhabitants to indicate
such monuments, edifices, or places by
visible signs, which shall consist of large
stiff rectangular panels divided diagonally
into two coloured triangular portions, the
upper portion black, the lower portion
white.”
HUMANE TREATMENT OF
PRISONERS
• “Prisoners of war must at all times be humanely treated. Any
unlawful act or omission by the Detaining Power causing death
or seriously endangering the health of a prisoner of war in its
custody is prohibited.”
• “No prisoner of war may be subjected to physical mutilation or
to medical or scientific experiments of any kind which are not
justified by the medical, dental or hospital treatment of the
prisoner concerned and carried out in his interest.”
• “Prisoners of war must at all times be protected, particularly
against acts of violence or intimidation.”
• “Measures of reprisal against prisoners of war are prohibited.”
QUESTIONING OF PRISONERS
• “Every prisoner of war …is bound to give
only his surname, first names and rank,
date of birth, and …serial number, or
…equivalent information.”
QUESTIONING OF PRISONERS
(cont.)
• “No physical or mental torture, nor any
other form of coercion, may be inflicted on
prisoners of war to secure from them
information of any kind whatever.”
• “Prisoners of war who refuse to answer
may not be threatened, insulted, or
exposed to unpleasant or
disadvantageous treatment of any kind.”
PROTECTION OF WOUNDED,
SICK AND PREGNANT
• “…wounded or sick, shall be respected and
protected in all circumstances.”
• “They shall be treated humanely and cared for
…they shall not willfully be left without medical
assistance and care, nor shall conditions
exposing them to contagion or infection be
created.”
• “…expectant mothers shall be the object of
particular protection and respect.”
MEDICAL PERSONNEL AND
CHAPLAINS
• Medical personnel… as well as chaplains
attached to the armed forces, shall be
respected and protected in all
circumstances.
• “Should they fall into the hands of the
adverse Party, their personnel shall be
free to pursue their duties”
PROTECTION OF MEDICAL
UNITS
• “…the Medical Service may in no
circumstances be attacked, but shall at all
times be respected and protected…”
• “The responsible authorities shall ensure
that the said medical establishments and
units are, as far as possible, situated in
such a manner that attacks against military
objectives cannot imperil their safety.”
MEDICAL PERSONNEL
CARRYING ARMS
• “Although medical personnel may carry arms for
self-defense, they may not employ such arms
against enemy forces acting in conformity with
the law of war.”
• “These arms are for their personal defense and
for the protection of the wounded and sick under
their charge against marauders and other
persons violating the law of war.”
MEDICAL SERVICE EMBLEMS
• “As a compliment to Switzerland, the heraldic emblem of the red
cross on a white ground formed by reversing the Federal colours, is
retained as the emblem and distinctive sign of the Medical Service
of armed forces.”
• “In the case of countries which already use as emblem, in place of
the red cross, the red crescent or the red lion and sun on a white
ground, those emblems are also recognized by the terms of the
present Convention.”
• “Under the direction of the competent military authority, the emblem
shall be displayed on the flags, armlets and on all equipment
employed in the Medical Service.”
ENFORCING LOAC RULES
• Military members who violate the LOAC are subject to criminal
prosecution and punishment.
• US Armed Forces could be prosecuted by courts-martial under the
UCMJ or through an international military tribunal.
• “I was only following orders,” has generally NOT been accepted by
national or international tribunals as a defense in war crime trials.
• An individual soldier remains responsible for his or her actions and
is expected to comply with the LOAC.
• There is no statute of limitations on a war crime.
CHECK ON LEARNING
• “I was only following orders,” has generally
been accepted by national or international
tribunals as a defense in war crime trials.
True or False?
– FALSE
– An individual soldier remains responsible for
his or her actions and is expected to comply
with the LOAC.
CHECK ON LEARNING
• True or false? You can shoot paratroopers
even before they’ve landed?
– True
– The law of war does not “prohibit firing upon
paratroops or other persons who are or
appear to be bound upon hostile missions
while such persons are descending by
parachute.”
SUMMARY
• Definition
• General Policy
• Principles
• The Geneva Conventions
REVIEW
• ACTION: Ensure a thorough understanding of
the basic principles of the Law of War.
• CONDITIONS: In a classroom environment,
given this block of instruction.
• STANDARD: Ensure a thorough understanding
of the basic principles of the Law of War in order
to maintain compliance with the Law of War.
QUESTIONS?