Law of Armed Conflict Law of Armed Conflict MIDN 1/C Hagness MIDN 1/C Hagness
Law of Armed ConflictLaw of Armed Conflict
MIDN 1/C HagnessMIDN 1/C Hagness
OverviewOverview
HistoryHistory
ReadingReading
LawsLaws– Ethical conflictsEthical conflicts
Case studyCase study
HistoryHistory
Hague ConventionHague Convention– 18991899– 19071907
Geneva ConventionsGeneva Conventions– 18641864– 19061906– 19291929– 19491949
ProtocolsProtocols– I&II (1977)I&II (1977)– III (2005)III (2005)
HistoryHistory
Geneva Convention is very detailedGeneva Convention is very detailed– CigarettesCigarettes– ClothesClothes– TattooingTattooing
For more informationFor more information– www.genevaconventions.orgwww.genevaconventions.org– Full text availableFull text available– More historyMore history
HistoryHistory
Laws of warLaws of war– Jus ad bellumJus ad bellum– Jus in belloJus in bello
Geneva + Hauge Geneva + Hauge ≈≈ Laws of Armed Laws of Armed ConflictConflict
Who follows these laws?Who follows these laws?
Simple answer: countries that approve and Simple answer: countries that approve and agree to follow them.agree to follow them.
Has the US ever not followed these rules?Has the US ever not followed these rules?
Combatants vs. NoncombatantsCombatants vs. Noncombatants
Jeffrey Reiman’s reasons in favor of Jeffrey Reiman’s reasons in favor of distinctiondistinction– Innocent non-threatening people have right Innocent non-threatening people have right
not to be harmed.not to be harmed.– Combatants are armed and trained for war, Combatants are armed and trained for war,
and are threatening to the other side.and are threatening to the other side.– Helps to reduce overall casualties.Helps to reduce overall casualties.– Avoiding attacks on noncombatants will Avoiding attacks on noncombatants will
reduce lasting resentments.reduce lasting resentments.
Combatants vs. NoncombatantsCombatants vs. Noncombatants
Reasons to abandon the distinctionReasons to abandon the distinction– People are Kantian on a small scale and People are Kantian on a small scale and
Utilitarian on a large scale.Utilitarian on a large scale.– It is too difficult to distinguish between It is too difficult to distinguish between
combatants and noncombatants.combatants and noncombatants.
Combatants vs. NoncombatantsCombatants vs. Noncombatants
11stst Law in the Law of Armed Combat Law in the Law of Armed Combat
Who is a combatant?Who is a combatant?– ““All persons participating in military operation All persons participating in military operation
or activities are consider combatants.”or activities are consider combatants.”
Targets, Tactics, and TechniquesTargets, Tactics, and Techniques
Do not shoot at the Red Cross, Red Do not shoot at the Red Cross, Red Crescent, etc.Crescent, etc.
Do not hide behind these symbolsDo not hide behind these symbols
Targets, Tactics, and TechniquesTargets, Tactics, and Techniques
Don’t destroy protected propertyDon’t destroy protected property– Schools, hospitals, historic monuments, Schools, hospitals, historic monuments,
religious buildingsreligious buildings
Targets, Tactics, and TechniquesTargets, Tactics, and Techniques
Don’t cause excessive damageDon’t cause excessive damage
Targets, Tactics, and TechniquesTargets, Tactics, and Techniques
Don’t alter weapons or ammo to increase Don’t alter weapons or ammo to increase sufferingsuffering
Targets, Tactics, and TechniquesTargets, Tactics, and Techniques
Don’t shoot at parachutesDon’t shoot at parachutes– Ejecting airmenEjecting airmen
Paratroopers are fair gameParatroopers are fair game
Enemy Captives and DetaineesEnemy Captives and Detainees
Let enemy surrenderLet enemy surrender
Treat all captives and detainees humanelyTreat all captives and detainees humanely
Don’t fire at shipwrecked personnelDon’t fire at shipwrecked personnel
Enemy Captives and DetaineesEnemy Captives and Detainees
Don’t not use coercion in questioning or Don’t not use coercion in questioning or interrogationinterrogation– Threats, tortureThreats, torture– Name, rank, service number, DOBName, rank, service number, DOB– HumiliationHumiliation
– Thoughts on InterrogationThoughts on Interrogation
Enemy Captives and DetaineesEnemy Captives and Detainees
Provide care to sick and woundedProvide care to sick and wounded
Don’t take personal property from captivesDon’t take personal property from captives
Captives may perform some types of workCaptives may perform some types of work
Civilians and Private PropertyCivilians and Private Property
Protect civilians’ rights in war zonesProtect civilians’ rights in war zones
Civilians must be moved humanely and Civilians must be moved humanely and only for proper causeonly for proper cause
Civilians and Private PropertyCivilians and Private Property
Do not steal or burn civilian propertyDo not steal or burn civilian property– Nonmilitary itemsNonmilitary items– Creating more enemiesCreating more enemies
When Crimes are CommittedWhen Crimes are Committed
Do your best to prevent criminal actsDo your best to prevent criminal acts– Everyone’s responsibilityEveryone’s responsibility– Ways to stop crimesWays to stop crimes– Endangering livesEndangering lives
Report crime to chain of commandReport crime to chain of command
Can’t be ordered to commit a crimeCan’t be ordered to commit a crime– Obligated to disobeyObligated to disobey
Were there any times when the U.S. Were there any times when the U.S. hasn’t followed these rules?hasn’t followed these rules?
– Was it ethical?Was it ethical?
Case studyCase study
Questions?Questions?