1. LAW OF ARMED CONFLICT

2. HISTORY AND OVERVIEW

3. BACKGROUND n Definition (JCS Pub 1-02): u The part of international law that regulates the conduct of armed hostilities. It is often called the law of armed conflict. n Sources u Treaties u UCMJ punitive articles u Custom

4. SOURCES OF LAW n Hague (1907) u Laws and Customs of War on Land. n Geneva Convention (1949) u Establishes protection of non-combatants u GC I : Wounded and Sick in the Field u GC II: Wounded, sick and Shipwrecked at Sea u GC III: Prisoners of War u GC IV: Protection of Civilian Persons

5. PURPOSE of LOAC F Prevent unnecessary suffering & destruction F Mitigate harmful effects of conflict F Establish minimum standards of protection for combatants & non-combatants F Complement & support principles of war (i.e., objective, mass, economy of force, surprise, security, etc.) F LOAC Not designed to impede legitimate warfare

6. Principles of LOAC n Military Necessity n Unnecessary Suffering n Proportionality n Distinction n Honorable Conduct

7. Why comply w/ LOAC? n National self-interest u National values u Foster reciprocity among combatants u Maintain public opinion/support u Restoration of peace u Discipline in combat is essential u Violations detract from mission accomplishment u Violations may prolong conflict and lead to increased friendly casualties (e.g., reprisal acts)

8. Why follow LOAC Cont. n Individual self-interest u Combatant immunity for warlike acts u Many war crimes punishable by death u No statute of limitations for war crimes

9. Lawful Combatant n Members of military, militias, members of other organized resistance movements who: u Have a recognizable chain of command u Have fixed or distinctive insignia recognizable at a distance u Carry arms openly u Follow the law of war

10. PROTECTED PERSONS n Non-combatants (no intentional attack) u Civilians u Medical personnel & chaplains u POWs u Wounded, sick & shipwrecked

11. UNPROTECTED INDIVIDUALS n Unlawful combatants u Terrorists u Brigands/Bandits u Mercenaries n Loss of protected status u Protected persons participating in hostilities (e.g., civilians taking up arms) u Misuse of protected symbol

12. RESPONSIBILITIES n Commanders u Ensure all plans, directives, ROE, etc. comply with LOAC u Conduct of subordinates u Investigate reported violations n Legal advisors u Advise Commander/Staff n Individuals u Comply with LOAC u Report violations by friend or foe

13. WHEN DO WE APPLY LOAC? n DoD Directive 5100.77 states that as as matter of policy the U.S. will comply with the spirit and principles of the LOAC at all times, no matter how the military operation is characterized. u International armed conflict (state v. state) u Non-international conflict (e.g., civil war, insurgencies) u Other operations (NEO, HA, peace-keeping)

14. Protective Signs & Symbols Medical/Religious Activities RED CROSS RED CRESCENT POW/Civilian Internment Camps POW CAMP POW CAMP CIVILIAN INTERNMENT CAMP PW PG IC

15. Protective signs & symbols (cont.) White Flag (cease fire, negotiate or surrender) Three Red Stripes (hospital or safety zones for civilians)

16. LAWFUL COMBATANTS n Combatants u Regular armed forces u Irregular forces under responsible command, distinguishable from civilians, carry arms openly & comply with LOAC

17. HOW DO YOU COMPLY WITH LOAC? n ROE n Targeting - 3 Basic Principles: u Necessity u Proportionality u Unnecessary suffering n Incidental injury/collateral damage u LOAC recognizes inevitability u Can’t be excessive in light of military objective u Obligation to minimize

18. WHAT YOU CANNOT DO n Military members don’t : u Steal from civilians u Attack descending parachutists from downed aircraft u Kill civilians or combatants trying to surrender u Deploy weapons designed to cause unnecessary suffering u Attack a protected symbol (unless misused) u Use more force than is necessary for mission accomplishment

19. SURRENDER and CAPTURE n Obligated to accept surrender if: u Unambiguous u Effectively communicated u Timely n POW/Captive/Detainee Treatment u U.S. policy: afford POW treatment until actual status is determined u 5 S’s: Search, Segregate, Silence, Safeguard, & Speed to rear

20. QUESTIONS?