The InternationalLaw of Armed Conflict:

An Overview

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Introduction• Use of Force Law• Law of Armed Conflict• Focus in Presentation:

– international armed conflict

– armed conflict on land

• Purposes:– unnecessary suffering &

minimum damage– principles of war– encourage reciprocity– obtain intelligence– maintain discipline

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Major Sources of Law

• International Agreements– 1907 Hague Convention IV– 1949 Geneva Conventions– 1977 Additional Protocol I

• Customary International Law• International Human Rights Law?

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General Principles

• Military Necessity• Unnecessary Suffering• Distinction• Proportionality

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Targeting

• Intentionally Attack Only Military Objectives:– combatants– military objects

• Combatants– armed forces, other groups

fighting with them– inhabitants repelling

invasion– civilians for such time as

they take a direct part in hostilities

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Targeting Combatants- Exceptions

• Medical & Religious Personnel

• Surrender• Prisoner of War• Wounded & Sick

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Targeting Military Objects

• Nature• Location• Purpose• Use– effectively contribute to

military action– attack would offer a

definite military advantage

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Proportionality Rule

• incidental civilian injury & damage excessive to the concrete & direct military advantage anticipated

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• do everything feasible to verify target as a military objective

• do not attack if in doubt that civilian object is used by military

• among several military objectives of equal advantage, choose least dangerous to civilians & civilian objects

Precautions in Attack

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Ruses & Perfidy

• Ruses are permitted– but may not violate law of armed

conflict

• Uniforms & Colors– neutral states– enemy– distinctive emblems

• Perfidy prohibited– false white flag– feigning wounds or sickness– feigning civilian status– use of neutral uniforms & colors

• Spies

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Enemy Property

• Public Moveable Property on Battlefield• Private Property

– damaged or taken only with strict military necessity– payment to be made when taken

• Pillage Prohibited• Payment for Combat Damage Not Required

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Initial Treatment of Captives

• Search for and treat enemy military wounded & sick

• Initially treat all captives as prisoners of war

• Doubt as to prisoner of war status resolved by competent tribunal

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Prisoner of War Status• regular armed forces• militia & volunteer units with armed

forces• militia & other partisans not with

armed forces who:– have responsible commander– have uniform or distinctive sign– carry arms openly– follow law of armed conflict

• authorized persons accompanying armed forces

• merchant marine & civil air crews• inhabitants resisting invasion• for AP I states: combatants who carry

arms openly in deployment & combat

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Captives Not Prisoners of War

• Detained until end of hostilities• Fairly tried for law of armed

conflict violations• Treatment: Geneva

Conventions- humanely• Treatment: AP I- fundamental

humanitarian guarantees• Full time medical & religious

personnel• Spies• Mercenaries

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Prohibited Weapons

General Rules in Customary Law:• Needless injury or unnecessary suffering• Indiscriminant

Weapon Prohibited by International Agreement:– Expanding Small Arms Ammunition

World War II Japanese Balloon Bomb

Sudan Air Force AN26 Used as BomberExpanding Small Arm Ammunition

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Weapons Prohibited by International Agreement:– Anti-Personnel Land Mines– Incendiary Weapons in certain circumstances– Laser Weapons intended to blind

Prohibited Weapons

Russian PNM 1 or 2 AP “Dumb” Mine

U.S. FASCAM AP “Smart” Mine

U.S. M14 Incendiary Hand Grenade

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Weapons Prohibited by International Agreement:– Cluster Munitions– Explosive Remnants of War

Prohibited Weapons

U.S. Sensor Fused Weapon- “Smart” Cluster MunitionUnexploded Ordnance, Some

From Iran-Iraq War

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

Prohibited Weapons

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Enforcement

• State Duty to Order Compliance & Enforce Law

• War Crime Defined• Command Responsibility

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• Trial by a State–military courts or tribunals– civilian courts

• Universal Jurisdiction over Grave Breaches

Enforcement

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• International Courts– victorious allied nations– UN Security Council– International Criminal

Court

• No Statute of Limitations

Enforcement

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• Applies in armed hostilities between:– state vs. state– certain international terrorist groups vs. state

• Primary purpose: protect civilians• Fundamental principles: – military necessity, unnecessary suffering, distinction,

proportionality

• Provides restrictions on:– targeting, treatment of detainees & property, and

weapons

• States are obligated to enforce

Conclusion: Law of International Armed Conflict

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