msl 401, lesson 6a : the law of land warfare the law of land warfare
TRANSCRIPT
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
Rev. 15 Apr 2005 Slide 3 of 27
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
Rev. 15 Apr 2005 Slide 4 of 27
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
Rev. 15 Apr 2005 Slide 5 of 27
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
Rev. 15 Apr 2005 Slide 6 of 27
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
Rev. 15 Apr 2005 Slide 7 of 27
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
Rev. 15 Apr 2005 Slide 8 of 27
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
Rev. 15 Apr 2005 Slide 9 of 27
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
Rev. 15 Apr 2005 Slide 10 of 27
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
Rev. 15 Apr 2005 Slide 11 of 27
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
Rev. 15 Apr 2005 Slide 12 of 27
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
Rev. 15 Apr 2005 Slide 13 of 27
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
Rev. 15 Apr 2005 Slide 14 of 27
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
Rev. 15 Apr 2005 Slide 15 of 27
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
Rev. 15 Apr 2005 Slide 16 of 27
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
Rev. 15 Apr 2005 Slide 17 of 27
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