LOAC Training Module Template

LOAC Training Module Template
STANAG 2449 LOAC Training Module Template

Introductory Note to Instructor
This Presentation is intended to serve as an exemplar or template for Troop Contributing Nations (TCN) to use in the conduct of LOAC Training. LOAC Training is a national responsibility; however, many requests have been made for an example presentation that reflects the LOAC training programme described in STANAG 2449, Training in the Law of Armed Conflict. This template briefing attempts to respond to these requests. It is not intended, however, to dictate a prescribed definition or approach to the LOAC nor should it be taken as the NATO “position” on the substance of LOAC. This presentation can be adapted for use in format, substance, and structure by TCN. This presentation does not prescribe the substance of LOAC that must be taught; it is fully recognised that each TCN is responsible for providing LOAC instruction based on National interpretation. Instructors should consult their supporting legal advisors for additional support and guidance as to the appropriate, nationally approved content for LOAC training.

Template Outline ALL MILITARY PERSONNEL Introduction Basic Principles
Combatants Protected Persons Protection of Objects Protective and Distinctive Emblems Means and Methods of Warfare Moral Dimensions of LOAC Enforcement of LOAC NON-COMMISSIONED OFFICERS Role of ICRC OFFICERS K. Planning and Conduct of Operations L. Law of Occupation

A. Introduction to LOAC – Definition and Rationales
Definition: The Law of Armed Conflict LOAC refers to those international treaties, conventions, rules, regulations and customary international law that govern the conduct of hostilities during an armed conflict. [STANAG 2449] Rationales behind LOAC LOAC has evolved to its present content over centuries and has at its core the following rationales: The protection of combatants and non-combatants from unnecessary suffering; The safeguarding of fundamental human rights of those who are not, or are no longer, taking part in hostilities; and The restoration of peace and resumption of friendly relations between belligerents following hostilities. A. Introduction to LOAC – Definition and Rationales The purpose of LOAC is to regulate the conduct of hostilities and to protect the victims of armed conflict. LOAC therefore safeguards the fundamental human rights of persons who fall into the hands of an enemy, namely, prisoners of war (POWs), the wounded and sick, and civilians. LOAC is also designed to protect the civilian population from the dangers arising from military operations and to protect combatants from unnecessary suffering. History clearly shows that armed conflicts do not last forever and in that respect LOAC contributes to the restoration of peace. Compliance with LOAC will prevent brutality and savagery in conflict, which inevitably will affect future friendly relations.

A. Introduction to LOAC – Applicability
LOAC applies, in varying degrees, to: 1. International Armed Conflicts, as stated in Common Article 2 to GCs; 2. Partial or Total Occupation of one State by another State, as stated in Common Article 2 to GCs; 3. Non-International Armed Conflicts which come under Common Article 3 to GCs; 4. Non-International Armed Conflicts of the type described in Article 1 of AP II to the GCs; and 5. Armed Conflicts of the type described in Article 1 (4) of AP I to GCs. A. Introduction to LOAC – Applicability International Armed Conflicts: Common Article 2 to the Geneva Conventions 1949 LOAC automatically applies to any armed conflict between states. No declaration of war is required for LOAC to apply. Common Article 2 also extends the application of LOAC to all cases of partial or total occupation of the territory of a party, even if the occupation meets with no armed resistance. The text of the relevant paragraphs from Common Article 2 reads as follows: “In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.” Non-International Armed Conflicts: Common Article 3 to the Geneva Conventions 1949 LOAC applies to a more limited extent in respect of conflicts of a non-international nature which do not come within the scope of Additional Protocol II to the Geneva Conventions 1949 (discussed below). Common Article 3 of the Geneva Conventions 1949 sets out basic minimum rules of LOAC that shall apply in armed conflicts which are not international in nature. The text of Common Article 3 reads as follows: “In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Non-International Armed Conflicts: Additional Protocol II to the Geneva Conventions 1949, Article 1 The provisions of Additional Protocol II to the Geneva Conventions 1949 apply to non-international conflicts only if the following conditions are satisfied: The armed conflict must take place on the territory of a State which is bound by Additional Protocol II; The armed conflict must be between government and dissident forces / other organised armed groups; and The dissident force / other armed group must be under responsible command and exercise such control over the territory as to enable them to carry out sustained and concerted military operations and to implement Protocol II. The text of Article 1 of Additional Protocol II reads as follows: “This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol. 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.” Armed Conflicts covered by Article 1 (4) of Additional Protocol I to the Geneva Conventions 1949 Article 1 (4) of Additional Protocol I applies the same provisions of LOAC as applicable in International Armed Conflicts to armed conflicts in which ‘peoples are fighting against colonial domination and occupation and against racist regimes in the exercise of their right of self-determination.’ Three conditions must be satisfied before Article 1 (4) comes into effect: -Firstly, there must be an ‘armed conflict’ in existence; -Secondly, those concerned must be involved in a legitimate fight which must be objectively assessed; -Thirdly, the authority representing the people must agree to apply Additional Protocol I and the Geneva Conventions. This agreement is given by means of a unilateral declaration addressed to the Swiss government.

K. Importance of LOAC in Planning and Conduct of Operations
Consideration should be given to LOAC at the command and execution levels. The overall effects of missions, and not only the individual phases, should also be evaluated in terms of LOAC to ensure compliance. 6 6

A. Introduction to LOAC – Definition of “Armed Conflict”
International Armed Conflict = An International Armed Conflict exists “whenever there is a resort to armed force between States”. [Prosecutor v Tadić, ICTY 1997] Non-International Armed Conflict = A Common Article 3 Non-International Armed Conflict exists whenever there is “protracted armed violence between governmental authorities and organised groups within a State”. Introduction to LOAC – Definition of “Armed Conflict” Introduction No where in the Geneva Conventions 1949, or its additional protocols, is the term ‘armed conflict’ defined. However, an authoritative definition, in respect of International and Non-International Armed Conflicts, was provided by the International Criminal Tribunal for the Former Yugoslavia in the case of Prosecutor v Prosecutor v Tadić, ICTY 1997 as cited above. International Armed Conflict The Tadić definition of International Armed Conflict is very similar to that provided in the Commentary to Geneva Conventions 1949 provided by the International Committee of the Red Cross. This definition reads: “Any difference arising between two States and leading to the intervention of armed forces is an armed conflict within the meaning of Article 2…” The International Criminal Tribunal for the Former Yugoslavia, in the case of Prosecutor v Mucic et al 1998, also emphasised that the duration of the conflict and the number of casualties is irrelevant when deciding if an International Armed Conflict exists. This approach is the same as that taken by the International Committee of the Red Cross. Common Article 3 Non-International Armed Conflict With regard to Common Article 3 Non-International Armed Conflicts, the Tadić definition has no requirement that armed groups exercise territorial control, be capable of meeting IHL obligations, or that a government be involved in the fighting. Instead, the International Criminal Tribunal for the Former Yugoslavia focused on the intensity of the conflict and the organisation of the parties involved.

A. Introduction to LOAC – Definition of “Armed Conflict”
The law of use of force and the law of armed conflict The law of use of force – ius ad bellum …………. Law of armed conflict – ius in bello Introduction to LOAC – Definition of “Armed Conflict” 8 8

A. Introduction to LOAC - Sources of LOAC
Treaty Law Agreements which have been concluded by States in writing and which are legally binding on these States. Customary International Law Rules which have been developed as a result of State practice and have become binding on States as a result of their acceptance of them as law. A. Introduction to LOAC - Sources of LOAC LOAC is to be found in both treaty law and customary international law Treaty law consists of agreements which have been concluded by States in writing and which are legally binding on signatory States. Other terms for treaty include: Convention, Charter, Protocol and Covenant. Customary international law consists of rules which have been developed as a result of State practice and have become binding on States as a result of their acceptance of them as law (opinio juris).

A. Introduction to LOAC - Sources of LOAC
Important LOAC Treaties Hague Conventions These focus on the Means and Methods of Warfare and are considered to reflect Customary International Law. Geneva Conventions These focus on the protection of victims of war and are also considered to reflect Customary International Law. Additional Protocols I & II & III to Geneva Conventions AP I (1977) deals with International Armed Conflict APII (1977) deals with Non-International Armed Conflicts + AP III (2005) deals with the new protective emblem , red crystal A. Introduction to LOAC - Sources of LOAC Important LOAC Treaties Hague Conventions The Hague Conventions of 1907 were adopted at the Second Peace Conference held in The Hague and attended by 44 states. The conference was a follow-up to the First Peace Conference held in 1899, and it was supposed to be followed by a third conference, which never took place because of the First World War. Fourteen different conventions were adopted at the conference, each dealing with a specific topic. These conventions are the main source of LOAC dealing with the conduct of hostilities. The Hague Conventions are considered to have the status of customary international law following the judgment of International Military Tribunal of Nuremberg following the Second World War. The most relevant conventions are as follows: - Laws and customs of war on land (Convention IV); - Rights and duties of neutral powers and persons in case of war on land (Convention V); - Status of enemy merchant ships at the outbreak of hostilities (Convention VI); - Conversion of merchant ships into warships (Convention VII); - Bombardment by naval forces in times of war (Convention IX); - Restrictions with regard to the exercise of the right of capture in naval war (Convention XI); and - Rights and duties of neutral Powers in naval war (Convention XIII). It is to note that the rules relating to the methods and means of warfare are primarily derived from articles 22 through 41 of the Regulations Respecting the Laws and Customs of War on Land annexed to Hague Convention IV. Geneva Conventions Adopted in 1949, the Geneva Conventions are the result of a long process that started in Italy in This is when Henri Dunant, a Swiss businessman, proposed to create an international nongovernmental movement dedicated to the care of the sick and wounded like those he had seen suffering and left alone to die on the Solferino battlefield. His proposal resulted in the creation in 1863 of the International Red Cross movement, which took the lead towards the adoption in 1864 of the first Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. The Convention was later amended and revised by later Geneva Conventions of 1906, 1929 and finally 1949. The Geneva Conventions of 1949 are the main source of LOAC concerned with the treatment and protection of civilians, combatants who are “hors de combat” (sick, wounded, shipwrecked and prisoners of war) and those otherwise exempt from treatment as combatants. The Geneva Conventions of 1949 are the treaties signed and ratified by the greatest number of states in the world with 188 state ratifications as of 30 June The Conventions apply in their entirety to international armed conflicts and in part, by virtue of Common Article 3 to the four Conventions, to non-international armed conflicts. The Conventions are considered to have the status of customary international law following the judgment of International Military Tribunal of Nuremberg following the Second World War. The four Geneva Conventions of 1949 are: - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GI); - Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GII); - Geneva Convention relative to the Treatment of Prisoners of War (GIII); and Geneva Convention relative to the Protection of Civilian Persons in Time of War (GIV). Additional Protocols I & II to Geneva Conventions While Geneva Law had evolved in great detail up to 1949, Hague rules dealing with the conduct of hostilities dated back to the early 1900s when most modern day weapons did not exist. That was the reason for convening a Diplomatic Conference in 1974 on the Reaffirmation and Development of International Humanitarian Law Applicable to Armed Conflicts. The Additional Protocols were adopted on 10 June 1977. Additional Protocol I (AP I) deals with international armed conflicts. Apart from bringing the law up to date, it also introduces some changes in the law with respect to international conflicts such as: - The recognition that struggles conducted by national liberation movements in the name of self determination fall in the category of international conflicts; - The extended protection given to civilians and non-military objects; and - The prohibition of actions likely to have a long-term deleterious effect upon the environment. Although AP I also deals with the protection of the victims of war or Geneva Law, it does not replace the 1949 Geneva Conventions but reaffirms and develops them. Additional Protocol II (AP II) deals with the application of humanitarian principles to non-international armed conflicts, which comprise the majority of post-World War II conflicts. It provides some protection to the civilian population, in that it covers fundamental guarantees and the protection of civilians whose liberty has been restricted and deals with the protection of the civilian population against the dangers arising from military operations. AP II aims for the most part to increase the humanitarian protection contained in Common Article 3 to the Geneva Conventions. 10 10

B. Basic Principles – Military Necessity
Definition: Military Necessity Belligerent must apply only the amount and kind of force necessary to defeat the enemy. Two Common Elements A military requirement to undertake military action; and The action must not be forbidden by law. Rationales behind principle of Military Necessity Prohibits unnecessary use of force; and Ensures efficient use of military resources. B. Basic Principles – Military Necessity This principle could be considered, in many ways, as the foundation of all of LOAC. Under this principle, States can use force not otherwise prohibited by LOAC that is necessary or required for the defeat of the enemy. Military necessity does not justify violations of LOAC, as military necessity was a factor taken into account when the rules governing the conduct of hostilities were drafted. Instead, armed conflict must always be carried on within the limits set by International Law. Application of this principle prohibits unnecessary use of force and ensures the efficient use of military resources.

B. Basic Principles – Proportionality
Definition: Proportionality Civilian losses resulting from a military action should not be excessive. Proportionality Test: Article 51 (5) (b) AP I to GCs 1949 An attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. B. Basic Principles – Proportionality This principle implies that collateral civilian damage arising from military operations must not be excessive in relation to the direct and concrete military advantage anticipated from such operations. [Article 51 (5) (b) AP I to GCs 1949] In deciding whether the principle of proportionality is being respected, the standard of measurement is the anticipated contribution to the military purpose of an attack or operation considered as a whole. The anticipated military advantage must be balanced against other consequences of the action, such as the adverse effect upon civilians or civilian objects. It involves weighing the interests arising from the success of the operation on the one hand, against the possible harmful effects upon protected persons and objects on the other.

B. Basic Principles – Humanity
Definition: Humanity Prohibition on the infliction of suffering, injury, or destruction not required by military necessary. Source of Principle Martens Clause “…civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.” [AP I to GCs, Article 1] B. Basic Principles – Humanity Sometimes referred to as humanity or superfluous injury, this principle requires a military force to minimise unnecessary suffering. [Hague IV, art. 23(e)] This principle applies to the legality of weapons and ammunitions themselves as well as to the methods by which such weapons and ammunition are employed. Military personnel may not use arms that are per se calculated to cause unnecessary suffering (e.g., projectiles filled with glass, hollow point or soft-point small caliber ammunition, lances with barbed heads) or use otherwise lawful weapons in a manner calculated to cause unnecessary suffering. The concept of humanity also confirms the basic immunity of civilian populations and civilians from being objects of attack during armed conflict. This immunity of the civilian population does not preclude unavoidable incidental civilian casualties that may occur during the course of attacks against legitimate targets and that are not excessive in relation to the concrete and direct military advantage anticipated. The principle of humanity was expressly stated in AP I to GCs, Article [Known as the Martens Clause]: “…civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.” [AP I to GCs, Article 1]

Definition: Distinction
B. Basic Principles – Distinction Definition: Distinction Military attacks shall be directed at combatants and military targets, and not civilians or civilian property. Example: …… B. Basic Principles – Distinction Distinction requires parties to a conflict to engage only in military operations the effects of which distinguish between the civilian population (or individual civilians not taking part in the hostilities), and combatant forces. Military force may be directed only against military objectives, and not against civilian objects. Under the principle of distinction, the civilian population as such, as well as individual civilians, may not be made the object of attack Military objectives are defined in AP I as “objects which by their nature, location, purpose or use, make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage”. [AP I. art. 52, para. 2] The principle of distinction is set out in Article 48, API to GCs 1949: “…Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” Application of Principle The application of the principle is dependant on the information available to the commander at the time he makes his decision. Accordingly, if commander makes reasonable efforts, in good faith, to discover the status of a target he will not automatically violate this principle if the target turns out to be civilian.

C. Combatants – Identification 1
General Rule As a general rule, the term “combatant” includes any member of the armed forces, except medical and religious personnel. Member of Armed Forces Armed forces of a party to the conflict consist of all organized armed forces, groups and units that are under a command responsible to that party for the conduct of its subordinates. Militias, Volunteer Groups and Organised Resistance Movements Belonging to Party to the Conflict May be considered as combatants if they: a. are commanded by a person responsible for his subordinates; b. wear a fixed distinctive sign recognizable at a distance; c. carry arms openly; and d. conduct their operations in accordance with the LOAC. C. Combatants – 1 General Rule As a general rule, the term “combatant” includes any member of the armed forces, except medical and religious personnel. Member of Armed Forces Armed forces of a party to the conflict consist of all organized armed forces, groups and units that are under a command responsible to that party for the conduct of its subordinates. [AP l Art 43 (1)] Militias, Volunteer Groups and Organised Resistance Movements Belonging to Party to the Conflict In some cases, a party to a conflict may have armed groups fighting on its behalf that are not part of its armed forces. Such groups may be fighting behind enemy lines or in occupied territory. Members of militias, volunteer corps and organized resistance movements, belonging to a party to the conflict and operating in or outside their own territory, even if this territory is occupied, are combatants provided they: a. are commanded by a person responsible for his subordinates; b. wear a fixed distinctive sign recognizable at a distance; c. carry arms openly; and d. conduct their operations in accordance with the LOAC. [HlVR Art 1] Militias, volunteer corps and organized resistance movements must “belong” to a party to the conflict in the sense that they are acknowledged by that party as fighting on its behalf or in its support. [AP I Art 43 (1)]

C. Combatants – Identification 2
Inhabitants of a Non-Occupied Territory Where such inhabitants not had time to form themselves into regular armed units, inhabitants of a non occupied territory are lawful combatants if: a. on the approach of the enemy they spontaneously take up arms to resist the invading forces; b. they carry arms openly; and c. they respect the LOAC. This situation is referred to as a “levée en masse”. Paramilitary / Law Enforcement Agents If a party to a conflict incorporates paramilitary or armed law enforcement agencies into its armed forces, it must inform other parties to the conflict of this fact. These forces are then considered lawful combatants. C. Combatants – Identification 2 As a general rule, civilians are considered non-combatants and cannot lawfully engage in hostilities. There is, however, an exception to this rule for inhabitants of a territory that has not been occupied by an enemy. Where they have not had time to form themselves into regular armed units, inhabitants of a non-occupied territory are lawful combatants if: a. on the approach of the enemy they spontaneously take up arms to resist the invading forces; b. they carry arms openly; and c. they respect the LOAC. This situation is referred to as a “levée en masse”. [HlVR Art 2] Paramilitary / Law Enforcement Agents If a party to a conflict incorporates paramilitary or armed law enforcement agencies into its armed forces, it must inform other parties to the conflict of this fact. These forces are then considered lawful combatants. [AP l Art 43 (3)]

C. Combatants – Retaining Status
Conditions to Retain Combat Status To ensure the protection of the civilian population, combatants are required to distinguish themselves from that population when engaging in an attack or preparing to mount an attack. C. Combatants – Retaining Status Conditions to Retain Combat Status To ensure the protection of the civilian population, combatants are required to distinguish themselves from that population when engaging in an attack or preparing to mount an attack. [AP l Art 44 (3)] There may be situations where, owing to the nature of the hostilities, armed combatants (such as resistance movements) cannot normally distinguish themselves from the civilian population. In such situations, those personnel retain their status as lawful combatants and their entitlement to prisoner of war status upon capture provided they carry their arms openly: a. during each military engagement, and b. during such time as they are visible to the adversary while they are engaged in a military deployment preceding the launching of an attack in which they are to participate. [GCIII Art 4 (A) (6); AP l Art 44 (3)]

MORE SLIDES MORE DETAILS EXAMPLES D. Protected Persons – Civilians
They may not be attacked unless they participate directly in hostilities. MORE SLIDES MORE DETAILS EXAMPLES D. Protected Persons – Civilians Civilians A “civilian person” means any person who does not belong to the armed forces and does not take part in a “levée en masse”. As a general rule, they may not be attacked unless they participate directly in hostilities. [AP l Arts 48 & 51 (3); AP II Art 13 (3)] Prohibited also to attack civilian property. A presumption of civilian property attaches to objects traditionally associated with civilian use (e.g. schools, dwellings).

D. Protected Persons – Chaplains & Persons
Accompanying the Armed Forces Chaplains Chaplains of the armed forces are non-combatants. They may not be attacked. Persons Accompanying the Armed Forces D. Protected Persons – Chaplains & Journalists Chaplains Chaplains of the armed forces are non-combatants. They may not be attacked. If captured, they will be returned to their armed forces unless they are retained by the Detaining Power to assist PWs. [GCl Arts 24, 28 (1) & 30 (1); GCII Art 37 (1) & (2); GCIII Art 33 (1); AP l Art 43 (2)] Journalists Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered civilians. As such, they are non-combatants and may not be attacked. If a journalist is detained, his / her status will be that of a civilian. [AP l Art 79 (1)] 19 19

D. Protected Persons – War Correspondent and Journalists
War Correspondents Journalists Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered civilians and may not be attacked. D. Protected Persons – War Correspondent and Persons Accompanying the Armed Forces War Correspondents Journalists who are authorised to accompany the armed forces are “war correspondents.” They are non-combatants but risk being attacked as part of a legitimate target. The legitimacy of any attack must be assessed against the basic principles of LOAC: necessity; proportionality; humanity; and distinction. The presence therefore of war correspondents is not a definitive prohibition on attacking the forces which they accompany. However, war correspondents must not be deliberately targeted. War correspondents who are captured by the enemy are PWs. [HIVR Art 13; GClll Art 4 A (4)] Persons Accompanying the Armed Forces Persons who accompany the armed forces without actually being members thereof (such as civilian members of military aircraft crews, supply contractors, members of labour units or of services responsible for the welfare of the armed forces), provided that they have received authorisation from the armed forces which they accompany, are non-combatants. They risk, however, being attacked as part of a legitimate target , but must not be deliberately attacked. If captured, they are entitled to PW status.

D. Protected Persons – Medical Personnel
Permanent Medical Personnel Personnel of the armed forces permanently assigned to medical activities, to the administration of medical units and to medical transport (“medical duties”) are non-combatants. They may not be attacked. If captured, permanent medical personnel will be returned to their own armed forces unless they are retained by the detaining power to assist POW. Temporary Medical Personnel Personnel of the armed forces temporarily assigned to medical duties during a limited period of time, such as stretcher bearers, are non-combatants when engaged in such duties. They may not be attacked while engaged in medical duties. If captured, temporary medical personnel become POW. D. Protected Persons – Medical Personnel Permanent Medical Personnel Personnel of the armed forces permanently assigned to medical activities, to the administration of medical units and to medical transport (“medical duties”) are non-combatants. They may not be attacked. If captured, permanent medical personnel will be returned to their own armed forces unless they are retained by the detaining power to assist POWs. [GCl Arts 24, 28 (1) & 30 (1); GCII Art 37 (1) & (2); GCIII Art 33 (1); AP l Arts 8 (3) & 43 (2)] Temporary Medical Personnel Personnel of the armed forces temporarily assigned to medical duties during a limited period of time, such as stretcher-bearers, are non-combatants when engaged in such duties. They may not be attacked while engaged in medical duties. If captured, temporary medical personnel become PWs. [GCl Arts 25 & 29] Protective Emblem All medical personnel, permanent and temporary, must display the protective emblem (red cross, crescent or crystal). [GC I, Articles 38 & 39]

D. Protected Persons – Prisoners of War 1
Prisoners of War Status POW status provides certain rights and protections. Persons Entitled to POW Status Combatants - Persons accompanying forces who do not engage in fighting Members of crews of the merchant navy or civil aircraft of the parties to the conflict War Correspondents Temporary medical staff Persons Not Entitled to POW Status Civilians who take part in hostilities (levee en masse exception) Mercenaries Spies D. Protected Persons – Prisoners of War Prisoners of War Status POW status provides certain rights and protections. The Rules of LOAC relating to POW are found mainly in GC III. As mentioned, all the GCs of 1949 are considered to reflect customary international law and so are binding on all States. Persons Entitled to POW Status If captured, the following persons are entitled to POW status: - combatants - persons who accompany the armed forces without actually being members thereof (such as civilian members of military aircraft crews, supply contractors, members of labour units or of services responsible for the welfare of the armed forces) provided they have received authorization from the armed forces which they accompany; - members of crews of the merchant navy or civil aircraft of the parties to the conflict; - war correspondents; and - personnel of the armed forces temporarily assigned to medical duties during a limited period of time. [GCI Arts 25 & 29; GCIII Art 4A] Persons Not Entitled to POW Status If captured and detained, the following persons are not entitled to POW status, but they must nevertheless be treated humanely: - civilians who take part in hostilities other than a levée en masse; - mercenaries; and - spies. [Glll Art 4A (6); AP l Arts 43, 46 (1) & 47 (1)]

D. Protected Persons – Prisoners of War 2
Determining POW Status in Case of Doubt If doubt as to POW status the individual will be treated by a POW until status is determined by a “competent tribunal”. Rights of POWs Right to be sent home at the end of the conflict Right to humane treatment Right not to have their POW status removed from them (nor can they renounce it) Treatment of POWs Protection from physical and mental harm Protection from reprisals Access to adequate medical facilities and spiritual care Female POWs to be treated with due regard to their sex D. Protected Persons – Prisoners of War 2 Determining POW Status in Case of Doubt When there is doubt as to whether a particular captive is entitled to treatment as a POW, the captive shall be treated as such until the status of the person detained has been determined by a properly constituted tribunal. [GClll Art 5 (2); AP l Art 45 (1) & (2)] Rights of POWs POWs must be released and repatriated without delay after the close of active hostilities. [GClll Art 118 (1)] POW must at all times be treated humanely. [GC III, Art 13 (1)] Persons in enemy hands who are entitled to POW status or treatment continue in that position from the moment of capture until their release and repatriation. Moreover, they cannot, even of their own free will, surrender any of the rights of protection they enjoy under GCIII. [GClll Arts 5 (1) & 7] Treatment of POWs POWs must at all times be treated humanely and must be protected, particularly against any acts of violence or intimidation, as well as against insults and public curiosity. [GClll Art 13 (2)] It is forbidden to kill POWs and NO justification can ever be given for this. [GClll Art 13 (1)] Reprisals against POWs are prohibited. [GClll Art 13 (3)] POWs are to receive medical and spiritual attention, if possible from doctors or chaplains attached to their own forces or of their own nationality. [GClll Arts 30 – 37] Female POWs must be treated with due regard to their gender and must in no case be treated less favourably than male POWs. Their gender must also be taken into account in the allocation of labour and in the provision of sleeping and sanitary facilities. They must also be specially protected against rape and other sexual assaults. [GClll Arts 14, 25 (4), 29 (2), 49(1) & 97 (4); AP I Arts 75 (5) & 76 (1)]

D. Protected Persons – Detention
Detainees other than Prisoners of War ………………. Minimum standards ……………… Detention in situations other that armed conflict …………………….. D. Protected Persons – Deatinemnt AJP 2.5 24 24

D. Protected Persons – Wounded and Sick
Treatment of Wounded and Sick Members of the armed forces who are wounded or sick and who cease to fight are to be respected, protected and treated humanely. Such personnel are considered to be hors de combat as long as they do not commit any hostile acts. Search and Collection of Wounded and Sick All possible measures must be taken at all times to collect the wounded, sick and ship wrecked and to ensure their adequate medical assistance. D. Protected Persons – Wounded and Sick Treatment of Wounded and Sick Members of the armed forces who are wounded or sick and who cease to fight are to be respected, protected and treated humanely. [GC II, Article 2] Such protection ceases if they commit any act of hostility. [AP I, Article 8] Search and Collection of Wounded and Sick All possible measures must be taken at all times to collect the wounded, sick and ship wrecked and to ensure their adequate medical assistance. [GC I, Art 15; AP I, Art 11] Collection of Dead The dead must be collected and prevented from being despoiled. [GC I, Art 17] Members of the armed forces who are wounded or sick and who cease to fight are to be respected and protected, as are shipwrecked members of the armed forces at sea. No adverse distinctions in treatment may be established because of gender, race, nationality, religion, political opinions, or any other similar criteria [Art 12, GCI] Parties are obligated to search for and collect the wounded, sick, and shipwrecked as conditions permit, and particularly after an engagement, in recognition that military operations can make the obligation to search for the fallen impracticable. [Art 15, GCI] Abandoning the Wounded or Sick If compelled to abandon the wounded and sick to the enemy, commanders must leave medical personnel/material to assist in their care, “as far as military considerations permit.” [Art 12, GCI]

ALL THE EMBLEMS HERE F. Protective and Distinctive Emblems -1
Medical Personnel Medical personnel, whether belonging to the belligerents, relief societies or neutral powers, are required to wear on their left arm a water-resistant armlet bearing the distinctive emblem (Red Cross, Red Crescent or Red Crystal on a white background), issued and stamped by the military authority to which they are attached. They are also required to carry an official identity card. [GCl Art 40; GCll Art 42; AP l Art 8] Medical Units and Transports All medical units and transports must also be clearly marked with the distinctive emblem. Fixed or mobile units like hospitals or ambulances must fly a flag portraying the distinctive emblem and if the unit belongs to a neutral state the national flag should be flown together with the flag of the belligerent to which they are attached. [GCI Art 36 (2), 38, 39, 42 (1) & 43 (1); AP I Art 18 (1) & (2)] Hospital Ships Military hospital ships, and hospital ships used by National Red Cross Societies and other recognized relief societies or private persons, whether belonging to nationals of a party to the conflict or a neutral, must be painted white with large dark red crosses on the sides and on horizontal surfaces so they may be visible from the sea and the air. [GCll Art 43; AP l Arts 18 (5), 23 (1)] Medical Aircraft Medical aircraft must be marked clearly with the distinctive emblem together with the national emblem on their lower, upper and lateral surfaces, as well as with any other emblems, which may be agreed upon by the parties to the conflict. [GII Art 39 (2); AP l Art 18 (5)] Improper Use of Emblems It is prohibited to make improper use of these emblems. [AP l Art 38]

F. Protective and Distinctive Emblems -1
Medical Emblems F. Protective and Distinctive Emblems -1 Medical Personnel Medical personnel, whether belonging to the belligerents, relief societies or neutral powers, are required to wear on their left arm a water-resistant armlet bearing the distinctive emblem (Red Cross, Red Crescent or Red Crystal on a white background), issued and stamped by the military authority to which they are attached. They are also required to carry an official identity card. [GCl Art 40; GCll Art 42; AP l Art 8] Medical Units and Transports All medical units and transports must also be clearly marked with the distinctive emblem. Fixed or mobile units like hospitals or ambulances must fly a flag portraying the distinctive emblem and if the unit belongs to a neutral state the national flag should be flown together with the flag of the belligerent to which they are attached. [GCI Art 36 (2), 38, 39, 42 (1) & 43 (1); AP I Art 18 (1) & (2)] Hospital Ships Military hospital ships, and hospital ships used by National Red Cross Societies and other recognized relief societies or private persons, whether belonging to nationals of a party to the conflict or a neutral, must be painted white with large dark red crosses on the sides and on horizontal surfaces so they may be visible from the sea and the air. [GCll Art 43; AP l Arts 18 (5), 23 (1)] Medical Aircraft Medical aircraft must be marked clearly with the distinctive emblem together with the national emblem on their lower, upper and lateral surfaces, as well as with any other emblems, which may be agreed upon by the parties to the conflict. [GII Art 39 (2); AP l Art 18 (5)] Improper Use of Emblems It is prohibited to make improper use of these emblems. [AP l Art 38] 27 27

HOSPITAL AND SAFETY ZONES AND LOCALITIES
F. Protective and Distinctive Emblems - 4 HOSPITAL AND SAFETY ZONES AND LOCALITIES F. Protective and Distinctive Emblems – 4 A hospital & safety zone reserved exclusively for the wounded and sick may be marked with the Red Cross, Red Crescent or Red Crystal. Otherwise, the hospital and safety zone should be marked with the oblique red band on a white background. [AP I, Annex 1, Art 4] Improper Use of Emblems It is prohibited to make improper use of this emblem. [AP l Art 38]

E. Protection of Objects – Medical Units / Transports
Medical Units and Medical Transports Fixed or mobile medical units shall be respected and protected. They shall not be intentionally attacked. Medical transports of all types (land, sea and air) are protected and must not be intentionally attacked. Such transports must be marked with the red cross, crescent or crystal. Loss of Protection Medical establishments lose their protection if they carry out acts harmful to the enemy. Prior warning must, however, be given. The following acts shall not result in loss of protection: - The use of arms by medical staff for their own protection or the protection of the wounded and sick The use of sentries of escorts in respect of medical personnel / transports Medical personnel acting as sentries for the protection of their medical establishments The retention of war material from the wounded and sick E. Protection of Objects – Medical Units / Transports Medical Units and Medical Transports Fixed or mobile medical units shall be respected and protected. They shall not be intentionally attacked. [GC I, Art 19; AP I, Art 12 (1)] Medical transports of all types (land, sea and air) are protected and must not be intentionally attacked. Such transports must be marked with the red cross, crescent or crystal. [GC I, Arts 36 & 42; AP I, Art 18] Loss of Protection Medical establishments lose their protection if they carry out acts harmful to the enemy, after prior warning has been given. [GC I, Art 21; AP I, Art 13] The following acts shall not result in loss of protection: - The use of arms by medical staff for their own protection or the protection of the wounded and sick The use of sentries of escorts in respect of medical personnel / transports Medical personnel acting as sentries for the protection of their medical establishments The retention of war material from the wounded and sick [Art 22, GCI] Medical units and establishments shall be respected, protected and shall not be made the object of attack. [GI Art 19 (1); GII Arts 22 (1), 23 & 24; GIV Arts 18 (1); AP l Art 12 (1) & (2); AP ll Art 11 (1)]

E. Protection of Objects – Hospitals
………………… E. Protection of Objects – Medical Units / Transports Medical Units and Medical Transports Fixed or mobile medical units shall be respected and protected. They shall not be intentionally attacked. [GC I, Art 19; AP I, Art 12 (1)] Medical transports of all types (land, sea and air) are protected and must not be intentionally attacked. Such transports must be marked with the red cross, crescent or crystal. [GC I, Arts 36 & 42; AP I, Art 18] Loss of Protection Medical establishments lose their protection if they carry out acts harmful to the enemy, after prior warning has been given. [GC I, Art 21; AP I, Art 13] The following acts shall not result in loss of protection: - The use of arms by medical staff for their own protection or the protection of the wounded and sick The use of sentries of escorts in respect of medical personnel / transports Medical personnel acting as sentries for the protection of their medical establishments The retention of war material from the wounded and sick [Art 22, GCI] Medical units and establishments shall be respected, protected and shall not be made the object of attack. [GI Art 19 (1); GII Arts 22 (1), 23 & 24; GIV Arts 18 (1); AP l Art 12 (1) & (2); AP ll Art 11 (1)] 30 30

Cultural Property Emblems
F. Protective and Distinctive Emblems - 2 Cultural Property Emblems Cultural Property – General Protection Cultural Property: Special Protection F. Protective and Distinctive Emblems – 2 Cultural objects and places of worship should be marked with the international signs. However, the absence of such a sign does not deprive such objects of protection. [HlVR Art 27 (2); H Cultural Property Convention Arts 16 & 17; HR for Execution of Cultural Property Convention Art 20] Special Protection Special Protection regime set out in Article 9 of H Cultural Property Convention. Parties to the H Cultural Property Convention may place a limited number of cultural objects under special protection. Only the following may be placed under special protection: Shelters for cultural property in the event of armed conflict Centres containing monuments; and Immovable cultural property of very great importance. [H Cultural Property Convention, Art 8 (1)] Improper Use of Emblems It is prohibited to make improper use of these emblems. [AP l Art 38]

E. Protection of Objects – Cultural Property 1
Prohibition against attacking cultural property. Cultural property includes historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples. Special Protection of Cultural Property Parties to a conflict may place certain cultural property under “special protection” which should marked with the international sign. Prohibition against attacking cultural under special protection. E. Protection of Objects – Cultural Property 1 Cultural Property It is prohibited to attack any object of cultural property or to attack buildings housing such property. It is also prohibited to use such property, or its immediate surroundings, to support the war effort. [HlVR Art 27 (1); HIX Art 5 (1); H Cultural Property Convention Art 4 (1); AP l Arts 53 (a) & (b) & 85 (4) (d); AP ll Art 16] Care must be taken to avoid locating military personnel and material in or near protected cultural objects and places of worship. [Cultural Property Convention Art 4 (1); AP I Art 53 (b)] Cultural objects and places of worship should be marked with the international signs set out above. However, the absence of such a sign does not deprive such objects of protection. [HlVR Art 27 (2); H Cultural Property Convention Arts 16 & 17; HR for Execution of Cultural Property Convention Art 20] Not all cultural objects and places of worship are protected as cultural or religious property by LOAC. Only those cultural objects and places of worship, which constitute the “cultural or spiritual heritage of peoples”, are so protected. Therefore, a small village church may not be protected by the cultural protection provisions of the LOAC, but a major cathedral (for example, Vatican) is likely entitled to protection. However, the fact that an object is not a cultural object does not mean that it is not a “civilian object.” It would be entitled to protection under that status. [AP l Arts 52(1) & 53 (a)] Cultural objects and places of worship being used by the adverse party in support of its military effort may become legitimate targets. [HlVR Art 27 (1); H Cultural Property Convention Art 4 (2); AP l Art 52(2)] Whether you attack cultural objects and places of worship which have become legitimate targets will depend on your mission. If so, the principle of proportionality is particularly important, as the location or object should not be damaged any more than what the mission requires. [AP l Arts 51 (5) (b) & 52 (2)] Where possible, the opposing force should be warned to stop using a cultural object or place of worship for military purposes before an attack is launched. [AP l Art 57 (2) (c)] Reprisals against cultural objects and places of worship are forbidden. [AP l Art 53 ]

(Dams, Dykes & Nuclear Power Stations)
F. Protective and Distinctive Emblems - 3 Works and Installations Containing Dangerous Forces (Dams, Dykes & Nuclear Power Stations) F. Protective and Distinctive Emblems – 3 Works and Installations Containing Dangerous Forces should be marked with the emblem above. [AP I, Annex 1, Art 17] Improper Use of Emblems It is prohibited to make improper use of this emblem. [AP l Art 38]

E. Protection of Objects – Works and Installations Containing Dangerous Forces
Protection of Works and Installations Containing Dangerous Forces Dams, dykes, and nuclear electrical generating stations shall not be attacked - even if they are military objectives - if the attack will cause the release of dangerous forces and cause “severe losses” among the civilian population. Other legitimate targets located at or near dams, dykes and nuclear electrical generating stations shall not be attacked if such an attack may cause the release of dangerous forces from those works or installations and consequent severe losses among the civilian population. Protective Emblem for and Installations Containing Dangerous Forces Dams, dykes and nuclear electrical generating stations should be marked with a special sign consisting of three bright orange circles on the same axis. Even if they are not marked with the special sign, they are still entitled to all the protections described above. E. Protection of Objects – Works and Installations Containing Dangerous Forces Protection of Works and Installations Containing Dangerous Forces Dams, dykes and nuclear electrical generating stations shall not be attacked, even where they are legitimate targets, if such an attack might cause the release of dangerous forces and consequent severe losses among the civilian population. [AP l Art 56 (1); AP ll Art 15] Other legitimate targets located at or near dams, dykes and nuclear electrical generating stations shall not be attacked if such an attack may cause the release of dangerous forces from those works or installations and consequent severe losses among the civilian population. The parties to a conflict should avoid locating legitimate targets near dams, dykes and nuclear electrical generation stations. Weapons co-located for the sole purpose of defending such installations are permissible. [AP l Art 56 (5)] Protective Emblem for and Installations Containing Dangerous Forces Dams, dykes and nuclear electrical generating stations should be marked with a special sign consisting of three bright orange circles on the same axis. Even if they are not marked with the special sign, they are still entitled to all the protections described above.

E. Protection of Objects – Works and Installations Containing Dangerous Forces 2
Ending of Protection Protection ends in the following circumstances: a. for a dam or dyke: only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support; b. for a nuclear electrical generating station: only if it provides electric power in regular, significant and direct support of military operations and only if such attack is the only feasible way to terminate such support; and c. for other legitimate targets located at or in the vicinity of these works or installations: only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support. E. Protection of Objects – Works and Installations Containing Dangerous Forces Ending of Protection The protection that the LOAC provides to dams, dykes, nuclear electrical generating stations, and other legitimate targets near those installations is not absolute. The protection ends in the following circumstances: - for a dam or dyke, only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support; - for a nuclear electrical generating station, only if it provides electric power in regular, significant and direct support of military operations and only if such attack is the only feasible way to terminate such support; and - for other legitimate targets located at or in the vicinity of these works or installations, only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support. [AP l Art 56 (2)]

E. Protection of Objects – Objects Indispensable to the Survival of the Civilian Population
It is prohibited to attack, destroy, remove, or render useless objects indispensable for survival of the civilian population - such as foodstuffs, crops, livestock, water installations, and irrigation works. Exceptions Objects indispensable to the survival of the civilian population may be attacked if they are used by an adverse party: as sustenance solely for the member of its armed forces; or b. in direct support of military action, provided that actions against these objects do not leave the civilian population with such inadequate food or water so as to cause its starvation or force its movement. E. Objects Indispensable to the Survival of the Civilian Population Objects Indispensable to the Survival of the Civilian Population It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population for whatever motive. [AP l Art 54 (2)] The following are examples of “objects indispensable to the survival of the civilian population”: a. foodstuffs; b. agricultural areas for the production of foodstuffs; c. crops; d. livestock; e. drinking water installations and supplies; and f. irrigation works. [AP I Art 54 (2)] Objects indispensable to the survival of the civilian population may be attacked if they are used by an adverse party: - as sustenance solely for the member of its armed forces; or - in direct support of military action, provided that actions against these objects do not leave the civilian population with such inadequate food or water so as to cause its starvation or force its movement. [AP l Art 54 (3)] Objects indispensable to the survival of the civilian population shall not be made subject to reprisals. [AP l Art 54 (4)]

E. Protection of Objects – Natural Environment
Protection of Natural Environment Care shall be taken in an armed conflict to protect the natural environment against widespread, long-term and severe damage. Attacks, which are intended or may be expected to cause damage to the natural environment, which prejudices the health or survival of the population, are prohibited. Attacks against the natural environment by way of reprisals are prohibited. Environmental Modification Environmental modification techniques having widespread, long lasting or severe effects are prohibited. E. Protection of Objects – Natural Environment Protection of the Natural Environment Care shall be taken in an armed conflict to protect the natural environment against widespread, longterm and severe damage. [AP l Arts 35 (3) & 55 (1)] Attacks, which are intended or may be expected to cause damage to the natural environment, which prejudices the health or survival of the population, are prohibited. [AP l Art 55 (1)] Attacks against the natural environment by way of reprisals are prohibited. [AP l Art 55 (2)] Environmental Modification Environmental modification techniques having widespread, long lasting or severe effects are prohibited. [1976 Convention on the Prohibition of Military or any Hostile use of Environmental Modification Techniques]

E. Protection of Objects – Prisoner of War and Internment Camps
Prisoner of War Camps POW camps shall not be attacked. Such camps will be marked with the letters “PW” or “PG” (Prisonnier de Guerre) which are clearly visible from the air. Internment Camps Civilians may be detained in places known as internment camps. Internment camps shall not be attacked. Such camps will be marked with the letters “IC” which are clearly visible from the air E. Protection of Objects – Prisoner of War and Internment Camps Prisoner of War Camps POW camps shall not be attacked. Such camps will be marked with the letters “PW” or “PG” (Prisonnier de Guerre) which are clearly visible from the air. [GClll Art 23] Internment Camps Civilians may be detained in places known as internment camps. Internment camps shall not be attacked. Such camps will be marked with the letters “IC” which are clearly visible from the air. [GClV Arts 79 & 83 (3)]

F. Protective and Distinctive Emblems - 5
CIVIL DEFENCE F. Protective and Distinctive Emblems – 5 Those involved in civil defence should wear clothing with the above emblem. Additionally, their buildings and materiel should also display this emblem. [AP I, Art 66 & Annex 1, Art 4] Improper Use of Emblems It is prohibited to make improper use of this emblem. [AP l Art 38]

E. Protection of Objects – Civil Defence Buildings & Materials
Protection from Attack Civil defence buildings and materiel, as well as shelters provided for the civilian population, are considered “civilian objects” and shall not be attacked or subjected to reprisals. Exception The protection to which civil defence buildings, materiel and shelters are entitled ends where they are used to commit, outside their proper tasks, acts harmful to the enemy. However, protection ends only after a warning has been given and after such warning has been ignored. E. Protection of Objects – Civil Defence Buildings & Materials Protection from Attack Civil defence buildings and materiel, as well as shelters provided for the civilian population, are considered “civilian objects” and shall not be attacked or subjected to reprisals. [AP l Art 62 (3)] Exception The protection to which civil defence buildings, materiel and shelters are entitled ceases where they are used to commit, outside their proper tasks, acts harmful to the enemy. However, protection ceases only after a warning has been given and after such warning has been ignored. [AP l Art 65 (1)]

G. Means and Methods of Warfare – General Principles Weapons
Guiding Principle in Respect of Weapons It is prohibited to employ weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. “Superfluous” means “more than enough, redundant, needless.” Proportionality and Distinction A weapon, projectile, material or means of warfare must not cause injury or suffering which is out of proportion to its military effectiveness. And weapons which cannot be directed at specific legitimate targets or the effects of which cannot be limited are prohibited. G. Means and Methods of Warfare – General Principles Weapons General Principles LOAC limits the types of weapons that may be used and the manner in which those weapons are used. Weapons, projectiles, materials and means of warfare that cause superfluous injury or unnecessary suffering are prohibited. [HlVR Art 23 (e); AP l Art 35 (2)] “Superfluous injury” and “unnecessary suffering” are closely related concepts. “Superfluous” means “more than enough, redundant, needless.” Proportionality and Distinction A weapon, projectile, material or means of warfare must not cause injury or suffering which is out of proportion to its military effectiveness. Likewise, weapons which cannot be directed at specific legitimate targets or the effects of which cannot be limited are prohibited. [AP I Art 51 (4)]

Effect of a weapon …… What kind of weapon ….. Article 36 of AP I - Review of new weapons G. Means and Methods of Warfare – General Principles Weapons General Principles 42 42

International law obligations may differ depending on which States are parties to certain conventions on prohibition of weapons …… Interoperability: Reminder on the cooperation with other nations National regulations on permitted / authorized weapons G. Means and Methods of Warfare – General Principles Weapons General Principles Reminder of general principle of prohibition on superfluous injury 43 43

G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 1
Prohibited Ammunition The following types of ammunition are prohibited: a. projectiles of a weight below 400 grams that are either explosive or charged with fulminating (exploding) or inflammable substances; b. bullets that expand or flatten easily in the human body, such as bullets with a hard envelope that does not entirely cover the core or is pierced with incisions (that is, hollow point or “dum-dum” bullets); and c. bullets that have been dipped in poison. G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 1 Prohibited Ammunition The following types of ammunition are prohibited: a. projectiles of a weight below 400 grams that are either explosive or charged with fulminating (exploding) or inflammable substances; [1868 St Petersburg Declaration] b. bullets that expand or flatten easily in the human body, such as bullets with a hard envelope that does not entirely cover the core or is pierced with incisions (that is, hollow point or “dum-dum” bullets); and [1899 Hague Declaration 3] c. bullets that have been dipped in poison. [HIVR Art 23 (a)]

Bacteriological / Biological Weapons Regulated specifically by: 1972 Convention on the Prohibition of the Development Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction Bacteriological/biological methods of warfare are prohibited. Nations are prohibited from manufacturing, storing and using biological weapons. Rationale Both bacteriological and biological weapons are prohibited because they cause unnecessary suffering and may affect the civilian population in an indiscriminate fashion. G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 2 Bacteriological / Biological Weapons Bacteriological/biological methods of warfare are prohibited. Nations are prohibited from manufacturing, storing and using biological weapons. Both bacteriological and biological weapons are prohibited because they cause unnecessary suffering and may affect the civilian population in an indiscriminate fashion. [1972 Convention on the Prohibition of the Development Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction Art 1]

Chemical Weapons Specifically regulated by: Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction 1993 Chemical weapons (those chemicals which can cause death, permanent harm or temporary incapacity to humans or animals) and munitions or devices designed to carry such chemicals, are banned. G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 3 Chemical Weapons Chemical weapons (those chemicals which can cause death, permanent harm or temporary incapacity to humans or animals) and munitions or devices designed to carry such chemicals, are banned. [C CW Arts 1 (1) & 2 (1) - (3)]

Gas The use of asphyxiating, poisonous or other gases is prohibited at all times and under all circumstances. Riot Control Agents The use of riot control agents, including tear gas and other gases that have debilitating but nonpermanent effects, as a means of warfare is prohibited. Blinding Weapons Laser weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision (that is, to the naked eye or to the eye with corrective eyesight devices) are prohibited. G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 4 Gas The use of asphyxiating, poisonous or other gases is prohibited at all times and under all circumstances. [1925 Geneva Protocol for the Prohibition of the use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare] Riot Control Agents The use of riot control agents, including tear gas and other gases that have debilitating but nonpermanent effects, as a means of warfare is prohibited. [C CW Arts 1 (5) & 2 (7)] Blinding Weapons Laser weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision (that is, to the naked eye or to the eye with corrective eyesight devices) are prohibited. [G CWP lV Art 1]

Environmental Altering Agents Environmental modification techniques having widespread, long lasting or severe effects are prohibited. Non-Detectable Fragments Weapons that cause injury by the use of fragment undetectable by X-ray in the human body are prohibited. G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 5 Environmental Altering Agents Environmental modification techniques having widespread, long lasting or severe effects are prohibited. [1976 Convention on the Prohibition of Military or any Hostile use of Environmental Modification Techniques] Non-Detectable Fragments Weapons that cause injury by the use of fragments undetectable by X-ray in the human body are prohibited. [UN CW P l para 1] Anti-Personnel Land Mines The possession or use of anti-personnel land mines is prohibited by the Anti-Personnel Mines Convention signed in 1997 by over 100 states. An “anti-personnel mine” is a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons. [UN CW P ll Art 2 (3); APM Convention Art 2 (1)] Cluster Munitions Cluster Munitions Convention bans the development, production, stockpiling, retention or transfer of cluster munitions. [The Convention on Cluster Munitions 2008]

Anti-Personnel Land Mines The possession or use of anti-personnel land mines is prohibited by the Anti-Personnel Mines Convention signed in 1997 by over 100 states. Cluster Munitions Cluster Munitions Convention bans the development, production, stockpiling, retention or transfer of cluster munitions. G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 6 Anti-Personnel Land Mines The possession or use of anti-personnel land mines is prohibited by the Anti-Personnel Mines Convention signed in 1997 by over 100 states. An “anti-personnel mine” is a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons. [UN CW P ll Art 2 (3); APM Convention Art 2 (1)] Cluster Munitions Cluster Munitions Convention bans the development, production, stockpiling, retention or transfer of cluster munitions. [The Convention on Cluster Munitions 2008] 49 49

G. Means and Methods of Warfare – Limitations on Lawful Weapons 1
Incendiary Weapons Incendiary weapons include any weapon or munitions designed to set fire to objects or to cause burn injury to humans through the action of flame, heat or a combination of the two caused by a chemical reaction of a substance delivered on a target. Prohibition The use of incendiary weapons against combatants is not prohibited unless such use results in superfluous injury or unnecessary suffering. However, it is prohibited in all circumstances to make the civilian population, individual civilians or civilian objects the object of attack by incendiary weapons. G. Means and Methods of Warfare – Limitations on Lawful Weapons 1 Incendiary Weapons Incendiary weapons include any weapon or munitions designed to set fire to objects or to cause burn injury to humans through the action of flame, heat or a combination of the two caused by a chemical reaction of a substance delivered on a target. The use of incendiary weapons against combatants is not prohibited unless such use results in superfluous injury or unnecessary suffering. However, it is prohibited in all circumstances to make the civilian population, individual civilians or civilian objects the object of attack by incendiary weapons. [HlVR Art 23 (a); AP I Art 35 (2); UN CW P III Art 2 (1)]

G. Means and Methods of Warfare – Limitations on Lawful Weapons 2
Booby Traps A “booby trap” is any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act. Unlawful Use of Booby Traps Booby traps and other devices, attached to or associated with certain objects are prohibited. For example: -sick, wounded or dead persons; -children's toys or objects designed for feeding, health, hygiene, clothing or education of children; -food or drink. Where booby traps are lawfully used, they must not cause unnecessary injury or suffering or be used indiscriminately. G. Means and Methods of Warfare – Limitations on Lawful Weapons 2 Booby Traps A “booby trap” is any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act. [UN CW P ll Art 2 (4) & (5)] Unlawful Use of Booby Traps Booby traps and other devices, attached to or associated with certain objects are prohibited. For example: -sick, wounded or dead persons; -children's toys or objects designed for feeding, health, hygiene, clothing or education of children; -food or drink. [UN CW P ll Art 7 (1)] Where booby traps are lawfully used, they must not cause unnecessary injury or suffering or be used indiscriminately. [UN CW P ll Art 7 (2)]

G. Means and Methods of Warfare – Methods of Warfare
Prohibited methods of warfare Perfidious conduct Starvation etc G. Means and Methods of Warfare – Limitations on Lawful Weapons 2 Booby Traps A “booby trap” is any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act. [UN CW P ll Art 2 (4) & (5)] Unlawful Use of Booby Traps Booby traps and other devices, attached to or associated with certain objects are prohibited. For example: -sick, wounded or dead persons; -children's toys or objects designed for feeding, health, hygiene, clothing or education of children; -food or drink. [UN CW P ll Art 7 (1)] Where booby traps are lawfully used, they must not cause unnecessary injury or suffering or be used indiscriminately. [UN CW P ll Art 7 (2)] 52 52

G. Means and Methods of Warfare – Precautions
Precautions before attack G. Means and Methods of Warfare – Limitations on Lawful Weapons 2 Booby Traps A “booby trap” is any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act. [UN CW P ll Art 2 (4) & (5)] Unlawful Use of Booby Traps Booby traps and other devices, attached to or associated with certain objects are prohibited. For example: -sick, wounded or dead persons; -children's toys or objects designed for feeding, health, hygiene, clothing or education of children; -food or drink. [UN CW P ll Art 7 (1)] Where booby traps are lawfully used, they must not cause unnecessary injury or suffering or be used indiscriminately. [UN CW P ll Art 7 (2)] 53 53

H. Moral Dimensions of LOAC
Principled Reasons to Obey LOAC Professionalism Chivalry Conscience Pragmatic Reasons to Obey LOAC Operational Effectiveness Reciprocity Foreign and Domestic Support Criminal Liability H. Moral Dimensions of LOAC Principled Reasons to Obey LOAC Professionalism: The armed forces is an honourable, regulated and disciplined profession. Chivalry: Professional armed forces exhibit honour, courtesy and justice in all their undertakings. Conscience: All military personnel possess a conscience and know the difference between right and wrong. Minimising human suffering is a noble and praiseworthy aim. Pragmatic Reasons to Obey LOAC Operational Effectiveness: LOAC is consistent with the economic and efficient use of force which in turn preserves military resources. Reciprocity: By treating others as one wants to be treated, according to the rules of LOAC, we encourage our enemies to do likewise. Foreign and Domestic Support: Compliance with LOAC, long established rules which aim to limit unnecessary suffering, will more likely result in domestic and foreign support. Criminal Liability: If troops breach LOAC there are criminal and disciplinary sanctions by which to punish them.

I. Enforcement of LOAC – State Obligations & Preventing LOAC Violations
States under obligation to: Issue orders and instructions requiring compliance with LOAC and to take steps to ensure that these are observed. Make the rules contained in the Geneva Conventions 1949 and the two Additional Protocols 1977 as widely known as possible in peace and war. To train qualified persons to facilitate application of the Geneva Conventions and Additional Protocol I. Provide legal advisers, when necessary, to advise military commanders at the appropriate level on the application of LOAC and on LOAC training to be provided to members of the armed forces. Relevance of Discipline States have an obligation to put in place an effective disciplinary system to prevent and prosecute breaches of LOAC. I. Enforcement of LOAC – State Obligations State Obligations States under obligation to: Issue orders and instructions requiring compliance with LOAC and to take steps to ensure that these are observed. [HC IV, Art 1; AP I, Art 80] Make the rules contained in the Geneva Conventions 1949 and the two Additional Protocols 1977 as widely known as possible in peace and war. [GC I, Art 47; GC II, Art 48; GC III, Art 127; GC IV, Art 144; AP I, Art 83; AP II, Art 19] To train qualified persons to facilitate application of the Geneva Conventions and Additional Protocol I. [AP I, Art 6 (1)] Provide legal advisers, when necessary, to advise military commanders at the appropriate level on the application of LOAC and on LOAC training to be provided to members of the armed forces. [AP I, Art 82] Relevance of Discipline States have an obligation to put in place an effective disciplinary system to prevent breaches of LOAC. [GC I, Art 49; GC II, Art 50; GC III, Art 129; GC IV, Art 146]

I. Enforcement of LOAC – Individual Responsibility
Individuals are responsible for the war crimes that they themselves commit or assist others to commit. NB: Obeying superior orders does not in itself absolve the subordinate from criminal responsibility National Prosecution States have an obligation to enact laws to punish those committing grave breaches of the GCs. International prosecution ICC, ICTY, ICTR, Sierra Leone etc. International Criminal Court established by Rome Statute 1998 to try those who have committed the following crimes: -Genocide -Crimes against Humanity -War Crimes -Aggression I. Enforcement of LOAC – Individual Responsibility Individual Responsibility Individuals are responsible for the war crimes that they themselves commit or assist others to commit. NB: Obeying superior orders does not in itself absolve the subordinate from criminal responsibility National Prosecution States have an obligation to enact laws to punish those committing grave breaches of the GCs. [GC I, Art 49; GC II, Art 50; GC III, Art 129; GC IV, Art 146] International Criminal Court The Rome Statute confirms that an individual is responsible for a war crime if he: (a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible; (b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted; (c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission; (d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: (i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or (ii) Be made in the knowledge of the intention of the group to commit the crime; [Rome Statute 1998, Art 25] The fact that a subordinate was ordered to do an act, or make an omission, which was illegal does not, free him from criminal responsibility unless: The person in question was under a legal obligation to obey the orders of the government in question; That person did not know that the order was unlawful; and The order was not manifestly unlawful. [Rome Statute 1998, Art 33]

Nuremberg, Yamashita, etc.
I. Enforcement of LOAC – Command Responsibility Command Responsibility Commanders are responsible for preventing violations of the law and for taking necessary disciplinary action. A commander will be criminally responsible if he participates in the commission of a war crime himself. Commander also criminally responsible if he: “knew or, owing to the circumstances at the time, should have known’ that war crimes were being or were about to be committed and failed ‘to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authority for investigation and prosecution”. [Rome Statute 1998, Article 28] Nuremberg, Yamashita, etc. I. Enforcement of LOAC – Command Responsibility Commanders are responsible for preventing violations of the law and for taking necessary disciplinary action. [GC I, Art 49; GC II, Art 50; GC III, Art 129; GC IV, Art 146] A commander will be criminally responsible if he participates in the commission of a war crime himself. A commander will become criminally responsible if he: ‘knew or, owing to the circumstances at the time, should have known’ that war crimes were being or were about to be committed and failed ‘to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authority for investigation and prosecution”. [Rome Statute 1998, Article 28]

I. Enforcement of LOAC – War Crimes 1
War Crimes – Grave Breaches The Geneva Conventions 1949 introduced the concept of “grave breaches” as the most serious form of war crimes. Examples of grave breaches: -willful killing -torture or inhuman treatment -willfully causing great suffering or serious injury to body or health Prosecution of Grave Breaches States have obligation to enact legislation to prosecute alleged offenders. I. Enforcement of LOAC – War Crimes 1 War Crimes – Grave Breaches The Geneva Conventions 1949 introduced the concept of “grave breaches” as the most serious form of war crimes. Examples of grave breaches: -willful killing -torture or inhuman treatment -willfully causing great suffering or serious injury to body or health All grave breaches detailed in the following references: GC 1 Art. 50; GC 2 Art 51; GC 3 Art 130; GC 4 Art. 147; AP I Art 11; AP 1 Article 85. Prosecution of Grave Breaches States have obligation to enact legislation to prosecute alleged offenders. [GC I, Art 49; GC II, Art 50; GC III, Art 129; GC IV, Art 146] International Criminal Court may also have jurisdiction to try those accused of grave breaches.

I. Enforcement of LOAC – War Crimes 2
Serious violations of LOAC, not regarded as grave breaches, are still war crimes and are punishable as such. Examples include: -employing poisonous weapons -to make improper use of the flag of truce -mutilation or other maltreatment of dead bodies Prosecution of War Crimes Any state may try those accused of war crimes, whatever the accused nationality of wherever alleged offence took place. Members of the armed forces may also be subject to military discipline for the commission of war crimes. I. Enforcement of LOAC – War Crimes 2 War Crimes Serious violations of LOAC, not regarded as grave breaches, are still war crimes and are punishable as such. Examples include: -employing poisonous weapons [HRIV, Art 23 (a)] -to make improper use of the flag of truce [AP I, Art 37] -mutilation or other maltreatment of dead bodies [GCs, Common Article 3] Prosecution of War Crimes Any state may try those accused of war crimes, whatever the accused nationality of wherever alleged offence took place. Members of the armed forces may also be subject to military discipline for the commission of war crimes.

J. Role of the ICRC Responsible for: Operating Central Tracing Agency
Maintaining records of POWs, inspecting their camps and providing relief Providing humanitarian assistance to the civilian population of countries in conflict Assisting states, behind the scenes, to comply with LOAC Acts as Protecting Power when none appointed J. Role of the ICRC Operating Central Tracing Agency Each party in a conflict is responsible for forwarding information regarding the fate of protected civilians, POWs and the wounded, sick and shipwrecked who are in its powers. [GC IV, Art 136; GC III, Art 122; GCI, Art 16] ICRC in practice collects, registers, processes and transmits such data as provided by the parties in conflict. [GC III, Art 123; GCIV, Art 140] Maintaining records of POWs, inspecting their camps and providing relief ICRC responsible maintaining records of POWs, inspecting their camps and providing relief. [GC III, Arts 125, 126; GC IV Arts 142, 143] Providing humanitarian assistance to the civilian population of countries in conflict ICRC responsible for providing humanitarian assistance to the civilian population of countries in conflict. Assisting states, behind the scenes, to comply with LOAC ICRC may assist states, behinds the scenes, to comply with LOAC. [GC I-III, Art 11; GC IV, Art 12] Acts as Protecting Power when none appointed If the parties fail to appoint a Protecting Power ICRC takes this place as a substitute. The Protecting Power carries out activities listed above. [AP I, Art 5] Founded in 1863, the ICRC is a private, non-governmental organization of Swiss citizens that has played a seminal role in the development and implementation of the LOW relating to the protection of war victims. During World War II, the ICRC supplemented the efforts of the protecting powers, and undertook prodigious efforts on behalf of PWs. Those efforts included the establishment of a Central Prisoner of War Agency with 40 million index cards, the conduct of 11,000 visits to POW camps, and the distribution of 450,000 tons of relief items. The role of the ICRC as an impartial humanitarian organization is formally recognized in common articles 9 – 11 and Articles 125, GPW, and 63, GC, of the Geneva Conventions.165 Since World War II, the Protecting Power system has not been widely used, and the ICRC has stepped into the breach as a substitute for government Protecting Powers in international armed conflicts, subject to the consent of the Parties to the conflict. With respect to non-international conflicts, Common Article 3 of the Geneva Conventions recognizes the prerogative of the ICRC or other impartial humanitarian organizations to offer its services to the parties to the conflict.

L. Law of Occupation – Commencement and End of Occupation
Occupation: Definition Territory is considered occupied when it is placed under the authority of the hostile army. The occupation extends only to the territory where this authority has been established and can be exercised. The law on occupation applies to all cases of partial or total occupation, even if such occupation does not encounter armed resistance. End of Occupation Occupation may be terminated in at least three ways: The occupying power may withdraw from the occupied territory. b. The occupying power may be ejected from the occupied territory by force. c. Effective control transfers to a different authority. L. Law of Occupation – Commencement & End of Occupation Commencement of Occupation Commencement of occupation is essentially a question of fact. Territory is considered occupied when it is actually placed under the authority of the hostile army. This occupation extends only to the territory where such authority has been established and can be exercised. [HlVR Art 42] The fact that there is a defended place or zone still in possession of the national forces within an occupied district does not make the occupation of the remainder invalid, provided that such place or defended zone is surrounded and effectively cut off from the rest of the occupied district. It is desirable that the invader should proclaim to the population of invaded territory as soon as possible the fact that the territory is occupied and the effects, which result from the occupation. Once occupation is established, it must be maintained. If the occupying power is able to maintain effective power over the territory through the use of only a small body of troops, then this fact does not of itself terminate the occupation. Occupation is not invalid because some of the inhabitants are in a state of rebellion or a local resistance movement is in existence. End of Occupation Occupation may be terminated in at least three ways. a. The occupying power may withdraw from the occupied territory. b. The occupying power may be ejected from the occupied territory by force. c. Effective control for the authority passes to another authority.

L. Law of Occupation – General Effects of Occupation
Limits on Legislative Power of Occupant Occupant does not have unlimited powers to pass laws. Annexation Prohibited It is unlawful for the occupant to annex the occupied territory. c) Maintenance of Public Order The occupant has an obligation to maintain public order and it is obliged under the GCIV to carry out certain duties with regard to the inhabitants of the territory. L. Law of Occupation – General Effects of Occupation Limits on Legislative Power of Occupant The powers of the occupant are of a temporary nature and it should only take measures, which are necessary for the purposes of the armed conflict, the maintenance of order and safety and the proper administration of the occupied territory. Annexation Prohibited Sovereignty does not pass to the occupying power and so annexation is prohibited. Instead, sovereignty only transfers according to the principles of international law, usually by cession under a peace treaty. Maintenance of Public Order Occupying power must take all measures in its power to restore and maintain public order within the occupied state. Occupant is also obliged, under GC IV, to carry out certain duties with regard to the inhabitants of the territory.

L. Law of Occupation – Other Effects
Other Effects of Occupation Duty to Occupying Power Rights of Inhabitants of Occupied Territory Control of Persons in Occupied Territory Forced Enlistment Compulsory Labour Public Officials in Occupied Territory Rights of Non-nationals to Leave Occupied Territory L. Law of Occupation – Effects of Occupation on Population Duty to Occupying Power It is debatable whether or not the inhabitants of occupied territories owe any duty to the occupying power. The Hague Rules forbid the occupying power to compel the inhabitants of occupied territory to swear allegiance to it. On the other hand, these Rules obligate the occupying power to attempt to restore public order and safety. The inhabitants may therefore be punished for attacks on the occupying power but such attacks are not automatically classified as war crimes. [HlVR Art 43 & 45] Any claim to obedience due to the occupant is limited by the following three Hague Rules: a. a belligerent is forbidden to compel the subjects of the hostile party to take part in the operations of war directed against their own country, even if they were in the service of the belligerent before the commencement of the war; Rights of Inhabitants of Occupied Territory It is the duty of the occupant to see that the lives of the inhabitants are respected, that their domestic peace and honour are not disturbed, that their religious convictions are not interfered with, and generally that criminal attacks on their person are punished as if committed in time of peace. In all circumstances protected persons are entitled to respect for their person, their honour, their family rights, their religious conventions and practices and their manners and customs. Protected persons must be humanely treated at all times and they must be especially safeguarded against all acts of violence or threats of violence and against insults and public curiosity. Women must be especially protected against any attack on their honour; in particular against rape, enforced prostitution or any other form of indecent assault. All protected persons must be treated with the same consideration, without any adverse distinction based, in particular, on race, religion or political opinion. [GClV Art 27 (1) - (3)] It is forbidden to use the presence of protected persons to render certain points or areas immune from military operations. [GClV Art 28] Control of Persons in Occupied Territory Military authorities in occupied territories have the right to perform police functions and to protect their own security. Permissible measures of population control include: a. restricting freedom of movement, b. evacuation, c. under certain exceptional circumstances, persons may be held without any right to communicate for a limited period, d. judicial process, e. assigned residence, and f. internment. [GCIV Arts 27 (4), 42, 43, 49 (2), 64, 66 & 78] The following measures of population control are forbidden at all times: a. violence, b. physical or moral coercion, particularly to obtain information, c. brutality, d. punishment for acts of others, that is, reprisals or collective penalties, and e. deportations. [GCIV Arts 31, 32, 33 (1) & (3) & 49 (1)] Forced Enlistment The occupying power is prohibited from compelling protected persons to enlist in its armed forces and may not use any pressure or propaganda aimed at securing their voluntary enlistment. To compel the population of occupied territory so to enlist is a grave breach of GCIV. [GClV Art 51 (1)] Compulsory Labour The occupying power may only compel persons over the age of eighteen to work, and only on work for the needs of the army of occupation, the public utility services, or for the feeding, clothing, sheltering, transportation or health of the population of the occupied territory. The population cannot be compelled to participate in any work, which would involve participation in military operations. [GClV Art 51 (2)] Public Officials in Occupied Territory The occupying power is the administrator of the occupied territory. As such, it has an unlimited power to remove public officials, including judges, from their posts. However, the occupying power may not apply sanctions, other than removal, against public officials who refuse to carry out their functions for reasons of conscience. [GClV Art 54] The occupant may not compel inhabitants to perform political, judicial, or other executive functions. If the occupying power keeps officials of the legitimate sovereign in office, and if it collects the taxes, it is obligated to continue paying these officials their salaries. [HIVR Art 48] Rights of Non-nationals to Leave Occupied Territory Non-nationals of the former sovereign under the occupation of the adverse party must be allowed to leave the territory in accordance with the procedures laid down by the occupying power. [GClV Art 48]

K. LOAC in Planning and Conduct of Operations
LOAC in Operational Planning Consideration should be given to LOAC at the command and execution levels. The overall effects of missions, and not only the individual phases, should also be evaluated in terms of LOAC to ensure compliance. K. Planning and Conduct of Operations to Include Means and Methods of Combat LOAC in Operational Planning Consideration should be given to LOAC at the command and execution levels. The overall effects of missions, and not only the individual phases, should also be evaluated in terms of LOAC to ensure conformity.

SUMMARY K. Planning and Conduct of Operations to Include Means and Methods of Combat LOAC in Operational Planning Consideration should be given to LOAC at the command and execution levels. The overall effects of missions, and not only the individual phases, should also be evaluated in terms of LOAC to ensure conformity. 65 65

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