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What are the two sources for the Law of War?
- International Law
- Treaty Law
What is the Law of Armed Conflict?
It is that part of international law regulating the conduct of armed hostilities.
What is the Law of Armed Conflict also called?
The 'Law of War'
What treaties make up the Law of Armed Conflict?
- 1907 Hague Conventions
- 1949 Geneva Conventions
- 1977 Protocols to the Geneva Conventions
What does DoD Directive is about the Law of Armed Conflict?
DoD Directive 5100.77
Why do we need the Law of Armed Conflict?
- To regulate the use of force.
- To prohibit unlawful conduct.
- To protect against unnecessary suffering.
- To avoid excessive collateral damage.
- To promote humane treatment.
- To promote and sustain American values.
Why do we govern the Law of Armed Conflict?
- To generate support for U.S. operations at home and abroad.
- Expectation of reciprocal adherence to LOAC by adversary.
- Morality and Self Discipline are the hallmarks of a professional soldier.
What are the four principles of the Law of Armed Conflict?
- Military Necessity
- Humanity (prevent unnecessary suffering)
What is Military Necessity?
Military necessity requires combat forces to engage in only those acts necessary to accomplish a legitimate military objective. Target those facilities, equipment, and forces which, if destroyed, would lead as quickly as possible to the enemy's partial or complete submission.
What is a Valid Military Objective?
Valid military objectives offer a definite military advantage by their destruction, capture, or neutralization.
How are Physical Objectives and Targets defined?
- Nature: All objects used directly by the armed forces.
- Location: A site which is of special importance for military operations.
- Purpose: Intended future use of an object.
- Use: Present function of the object.
What is Distinction?
Distinction means discriminating between lawful combatant targets and noncombatant targets. Only engage valid military targets!
What is Proportionality?
Proportionality prohibits the use of any kind or degree of force that exceeds that needed to accomplish the military objective. It compares the military advantage gained to the harm inflicted.
What is Humanity?
Humanity prohibits the employment of any kind or degree of force that is not necessary for the purposes of war. It prohibits the use of lawful weapons with the intent to cause unnecessary suffering.
How do we identify protected places / civilian objects?
- No-Strike List (NSL)
- Restricted Target List (RTL)
What are the rules associated with Proportionality?
- Proportionality only applies where there is the possibility the attack will affect civilians or protected places
- Loss of civilian life and damage to civilian property (collateral damage) must not be excessive in relation to the concrete and direct military advantage gained by an attack
- Collateral Damage Estimation (CDE) is required prior to attack.
- LOAC recognizes Collateral Damage as being a consequence of war.
Who provides guidance for the ROE?
The President and Secretary of Defense
Who designates Declared Hostile Forces (DHF)? What can you attack them?
- National Command Authority (NCA) designates groups as 'Declared Hostile Forces'.
- Groups that are identified as DHF can be engaged at will.
Who can be protected with force, including deadly force?
- Yourself, your unit, and other Coalition Forces (CF).
- Detainees must be protected.
- Civilians from crimes that are likely to cause death or serious bodily harm, such as murder or rape.
- Personnel designated by the on scene commander (OSC) when such actions are necessary to restore order and security.
What document dictates when we must conduct CDE?
What are the legal imperatives of the Law of Armed Conflict?
What property can be protected with force, including deadly force?
- Property that has been designated as vital to the execution of the mission (mission-essential property).
- Property designated by the on scene commander (OSC).
- All other property may only be protected with non-deadly force.
Is collateral damage allowed under the Law of Armed Conflict?
Yes. Under LOAC, collateral damage is acceptable, if it is NOT excessive.