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

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.

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.

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).

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.

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.

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.”

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

Medical Transports & Facilities 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.”

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).

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.

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.

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.

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.

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.

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.”

Protection of POWs & Detainees Search the POW. Silence the POW. Segregate the POW. Safeguard the POW. Speed to the rear. 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.

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.

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.

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.

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.

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.

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.

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.