Chapter 10 – Armed Conflict

Principles of the Law of Armed Conflict

• Necessity and Proportionality- Use force only when necessary and proportionate to the objective.

• Distinction- Differentiate between combatants and civilians to avoid harm to non-combatants.

• Humanity- Avoid unnecessary suffering and respect human dignity.

Evolution of Modern Law

• Lieber Code

• How to conduct themselves during battle

  • Does distinguish civilians and combatants, address humanity, and provide protections

  • Also apply international standards for the laws

  • Contemporary Humanitarian Activists

    • Activist like Clara, who founded the Red Cross

  • Established principles of distinction, humanity, and international standards.

• Hague Law

• Geneva Conventions

  • If you are found as a combatant, you are a prisoner of war 

  • Can be released after the war

  • Cannot make them work in an industry that directly benefits the military

  • Legally provide them every day necessities 

    •  Food, medicine, clothes, etc…

    • War orphan children: Their parents died in the war- protected from sexual assault, rape, and prosecution

  • Additional Protocol I

    • Restricts states from engaging in discriminate attacks

    • Describes very clearly the reason for attack

    • Does destruction of the target benefit your side?

      • Is it necessary for survival?

        • No slash and burn

    • If civilians need something to survive, it is protected, like agriculture

  • Combatants can hide their weapons, unless it's right before the attack and during the attack

    • Can’t put the gun away and run away to civilians

  • Additional Protocol II

Defining Combatants

• Hague Law Definition

• AP/I Expansion

  • Classifying Fighters That Do Not Meet AP/I Definition

Protections for Civilians

• Geneva Convention: Keep their civilian population away from combat during active conflict

  • Civilian buildings should be clearly marked

Protections for Combatants

• Combatant Immunity

  • If you are a soldier and shoot another soldier you are covered

  • If you are a soldier and shoot a civilian you are not covered

  • DOES NOT extend to theft, sexual violence, etc… 

• Treatment of POWs (Prisoners of War)

  • Need to give you medical assistance just like they do to their own soldiers 

Military Objectives

• AP/I Definition

  • How do states define combatants?

    • Determine what they look like

    • Any group that has hierarchical structure 

    • Wear a distinctive logo

    • Follow laws and costumes of war

  • NOT ALL fighters have all of this

    • Guerillas don’t wear logos, or show their armor/weapons

  • SOME DON'T meet those

    • Forces in Afghanistan

    • Hide guns and then hide with the civilians

  • Civilians, legal combatants, and illegal combatants 

    • No laws on how illegal combatants should be treated 

    • They can lose their status as civilians if they act in any way attacking