1. The International Law of Armed Conflict: An Overview

2. Introduction Use of Force Law Law of Armed Conflict
Focus in Presentation:
international armed conflict
armed conflict on land
Purposes:
unnecessary suffering & minimum damage
principles of war
encourage reciprocity
obtain intelligence
maintain discipline

3. Major Sources of Law International Agreements
1907 Hague Convention IV
1949 Geneva Conventions
1977 Additional Protocol I
Customary International Law
International Human Rights Law?

4. General Principles Military Necessity Unnecessary Suffering
Distinction
Proportionality

5. Targeting Intentionally Attack Only Military Objectives: Combatants
military objects
Combatants
armed forces, other groups fighting with them
inhabitants repelling invasion
civilians for such time as they take a direct part in hostilities

6. Targeting Combatants- Exceptions
Medical & Religious Personnel
Surrender
Prisoner of War
Wounded & Sick

7. Targeting Military Objects
Nature
Location
Purpose
Use
effectively contribute to military action
attack would offer a definite military advantage

8. Proportionality Rule
incidental civilian injury & damage excessive to the concrete & direct military advantage anticipated

9. Precautions in Attack
do everything feasible to verify target as a military objective
do not attack if in doubt that civilian object is used by military
among several military objectives of equal advantage, choose least dangerous to civilians & civilian objects

10. Ruses & Perfidy Ruses are permitted Uniforms & Colors
but may not violate law of armed conflict
Uniforms & Colors
neutral states
enemy
distinctive emblems
Perfidy prohibited
false white flag
feigning wounds or sickness
feigning civilian status
use of neutral uniforms & colors
Spies

11. Enemy Property Public Moveable Property on Battlefield
Private Property
damaged or taken only with strict military necessity
payment to be made when taken
Pillage Prohibited
Payment for Combat Damage Not Required

12. Initial Treatment of Captives
Search for and treat enemy military wounded & sick
Initially treat all captives as prisoners of war
Doubt as to prisoner of war status resolved by competent tribunal

13. Prisoner of War Status regular armed forces
militia & volunteer units with armed forces
militia & other partisans not with armed forces who:
have responsible commander
have uniform or distinctive sign
carry arms openly
follow law of armed conflict
authorized persons accompanying armed forces
merchant marine & civil air crews
inhabitants resisting invasion
for AP I states: combatants who carry arms openly in deployment & combat

14. Captives Not Prisoners of War
Detained until end of hostilities
Fairly tried for law of armed conflict violations
Treatment: Geneva Conventions- humanely
Treatment: AP I- fundamental humanitarian guarantees
Full time medical & religious personnel
Spies
Mercenaries

15. Prohibited Weapons General Rules in Customary Law:
Needless injury or unnecessary suffering
Indiscriminant
Weapon Prohibited by International Agreement:
Expanding Small Arms Ammunition
Expanding Small Arm Ammunition
Sudan Air Force AN26 Used as Bomber
World War II Japanese Balloon Bomb

16. Prohibited Weapons Weapons Prohibited by International Agreement:
Anti-Personnel Land Mines
Incendiary Weapons in certain circumstances
Laser Weapons intended to blind
U.S. M14 Incendiary Hand Grenade
Russian PNM 1 or 2 AP “Dumb” Mine
U.S. FASCAM AP “Smart” Mine

17. Prohibited Weapons Weapons Prohibited by International Agreement:
Cluster Munitions
Explosive Remnants of War
Unexploded Ordnance, Some From Iran-Iraq War
U.S. Sensor Fused Weapon- “Smart” Cluster Munition

18. Prohibited Weapons Weapons Prohibited by International Agreement:
Poison
Chemical Weapons (including Riot Control Agents)
Biological Weapons

19. Enforcement State Duty to Order Compliance & Enforce Law
War Crime Defined
Command Responsibility

20. Enforcement Trial by a State
military courts or tribunals
civilian courts
Universal Jurisdiction over Grave Breaches

21. Enforcement International Courts No Statute of Limitations
victorious allied nations
UN Security Council
International Criminal Court
No Statute of Limitations

22. Conclusion: Law of International Armed Conflict
Applies in armed hostilities between:
state vs. state
certain international terrorist groups vs. state
Primary purpose: protect civilians
Fundamental principles:
military necessity, unnecessary suffering, distinction, proportionality
Provides restrictions on:
targeting, treatment of detainees & property, and weapons
States are obligated to enforce