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Law of Armed Conflict MIDN 1/C Hagness
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Overview HistoryReadingLaws –Ethical conflicts Case study
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History Hague Convention –1899 –1907 Geneva Conventions –1864 –1906 –1929 –1949 Protocols –I&II (1977) –III (2005)
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History Geneva Convention is very detailed –Cigarettes –Clothes –Tattooing For more information –www.genevaconventions.org www.genevaconventions.org –Full text available –More history
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History Laws of war –Jus ad bellum –Jus in bello Geneva + Hauge ≈ Laws of Armed Conflict
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Who follows these laws? Simple answer: countries that approve and agree to follow them. Has the US ever not followed these rules?
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Combatants vs. Noncombatants Jeffrey Reiman’s reasons in favor of distinction –Innocent non-threatening people have right not to be harmed. –Combatants are armed and trained for war, and are threatening to the other side. –Helps to reduce overall casualties. –Avoiding attacks on noncombatants will reduce lasting resentments.
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Combatants vs. Noncombatants Reasons to abandon the distinction –People are Kantian on a small scale and Utilitarian on a large scale. –It is too difficult to distinguish between combatants and noncombatants.
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Combatants vs. Noncombatants 1 st Law in the Law of Armed Combat Who is a combatant? –“All persons participating in military operation or activities are consider combatants.”
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Targets, Tactics, and Techniques Do not shoot at the Red Cross, Red Crescent, etc. Do not hide behind these symbols
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Targets, Tactics, and Techniques Don’t destroy protected property –Schools, hospitals, historic monuments, religious buildings
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Targets, Tactics, and Techniques Don’t cause excessive damage
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Targets, Tactics, and Techniques Don’t alter weapons or ammo to increase suffering
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Targets, Tactics, and Techniques Don’t shoot at parachutes –Ejecting airmen Paratroopers are fair game
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Enemy Captives and Detainees Let enemy surrender Treat all captives and detainees humanely Don’t fire at shipwrecked personnel
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Enemy Captives and Detainees Don’t not use coercion in questioning or interrogation –Threats, torture –Name, rank, service number, DOB –Humiliation –Thoughts on Interrogation Thoughts on InterrogationThoughts on Interrogation
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Enemy Captives and Detainees Provide care to sick and wounded Don’t take personal property from captives Captives may perform some types of work
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Civilians and Private Property Protect civilians’ rights in war zones Civilians must be moved humanely and only for proper cause
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Civilians and Private Property Do not steal or burn civilian property –Nonmilitary items –Creating more enemies
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When Crimes are Committed Do your best to prevent criminal acts –Everyone’s responsibility –Ways to stop crimes –Endangering lives Report crime to chain of command Can’t be ordered to commit a crime –Obligated to disobey
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Were there any times when the U.S. hasn’t followed these rules? –Was it ethical?
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Case study
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Questions?
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