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 Requires prompt reporting and investigation of alleged war crimes UCMJ or Federal law applied first  CJCSI – joint policy for conduct of US armed forces Establishes reporting channels  FM 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