Law of War
 Military Law
 Hague Convention
 Geneva Convention
 Rules of Engagement
 Prisoners of War
 Non-Combatants
 Violations
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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).
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.”
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
NON-Combatants
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•
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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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
CIVILIANS
• Civilians are persons who are not
members of the enemy’s armed forces
& who do not take part in the hostilities.
• They may NOT be the subject or sole
object of a military attack.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
Hors de Combat
• Soldiers that are Hors de Combat are
enemy personnel who are “out of combat”:
1.
2.
3.
4.
Examples are:
Wounded and Sick
Prisoners of War
Parachutists of disabled aircraft.
Medical Personnel.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
Chaplains & Journalists
• CHAPLAINS are protected persons.
• JOURNALISTS. Protected as a
noncombatants provided they take no
action adversely affecting their status as
civilians.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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):
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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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
Protected
Medical Transports & Facilities
The following shall NOT be attacked:
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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.”
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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).
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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 forbidden…to employ arms,
projectiles or material calculated to cause
unnecessary suffering.”
This concept also extends to the unnecessary
destruction of property.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.”
George Rogers Clark HS JROTC
Law of War & Geneva Convention
Protection of POWs & Detainees
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Search the POW.
Silence the POW.
Segregate the POW.
Safeguard the POW.
Speed to the rear.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
The 5 S’s
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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.
George Rogers Clark HS JROTC
Law of War & Geneva Convention
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 (2001–
present), the 2003 invasion of Iraq, the invasion of
Chechnya (1994–present), & the 2008 War in Georgia.
George Rogers Clark HS JROTC
Law of War & Geneva Convention