Flashcards in Section 6B - Law of Armed Conflict Deck (68):
What international law arises from civilized nations' humanitarian desire to lessen the effects of conflicts, prevent unnecessary suffering, and protect combatants, non-combatants, civilians, POWs, the wounded and sick?
The Law of Armed Conflict (LOAC).
DoDD 2311.01E, DoD Law of War Program, requires each military department to design a program to ensure Law of Armed Conflict (LOAC).observance and prevent LOAC violations. What else does it require?
That each military department 1) ensures prompt reporting of alleged LOAC violations; 2) appropriately trains all forces in the LOAC; and 3) completes a legal review of all new weapons.
How do other services often refer to the Law of Armed Conflict (LOAC)?
As the law of war. (Within this chapter, LOAC and law of war are the same.)
The Law of Armed Conflict (LOAC) training is an obligation of the US under the provisions of what treaty?
The 1949 Geneva Conventions.
Which Air Force publication requires that all personnel receive instruction on the principles and rule of the Law of Armed Conflict (LOAC) commensurate with their duties and responsibilities?
AFI 51-401, Training and Reporting to Ensure Compliance with the Law of Armed Conflict.
Name three groups who receive additional specialized Law of Armed Conflict (LOAC) training to address unique issues they may encounter.
Aircrews, medical personnel and security forces.
What is the foundation of the Law of Armed Conflict (LOAC)?
Customary international law and treaties. (Everyone subject to US laws must observe the US' LOAC obligations.)
Which Article of the US Constitution states that treaty obligations of the US are the "supreme law of the land"?
According to the US Supreme Court, US international legal obligations and customs are not part of US law. (T/F)
Why must military personnel, civilians and contractors authorized to accompany the armed forces in combat follow the Law of Armed Conflict (LOAC) when planning and executing combat operations?
Because treaties and international agreements enjoy equal status to laws passed by Congress and signed by the President. (Those who violate LOAC can be held criminally liable for war crimes and court-martialed under the UCMJ.)
What five important Law of Armed Conflict (LOAC) principles govern armed conflict?
1) Military necessity; 2) distinction; 3) proportionality; 4) humanity; and 5) chivalry.
Which Law of Armed Conflict (LOAC) principle permits only the degree of regulated force not prohibited by the laws of war needed to obtain the enemy's partial or complete submission with the least expenditure of life, time and physical resources?
The Law of Armed Conflict (LOAC) principles of military necessity limits Air Force targets to what?
Military objectives - those objects that make an effective contribution to military action and whose total or partial destruction, capture or neutralization offers a definite military advantage.
List some examples of military objectives that may be targeted under the Law of Armed Conflict (LOAC).
Enemy troops, bases, supplies, lines of communications and headquarters.
Under the Law of Armed Conflict (LOAC), military necessity does not authorize all military action and destruction. (T/F)
True. (Military necessity never authorizes actions specifically prohibited by the LOAC.)
Under the Law of Armed Conflict (LOAC), ____ means discriminating between military objectives and civilian objects such as places of worship, schools, hospitals and dwellings.
When may civilian objects lose their Law of Armed Conflict (LOAC) protection?
When they are used to make an effective contribution to military action.
What does the Law of Armed Conflict (LOAC) principle of distinction require attackers to do?
To not intentionally attach civilian or use weapons or tactics that would cause excessive civilian collateral casualties.
Under the Law of Armed Conflict (LOAC), are defenders required to separate military targets from civilians and civilian objects?
Employing human shields to protect military objectives is a fundamental violation of the Law of Armed Conflict (LOAC) principle of ____.
To meet the Law of Armed Conflict (LOAC) principle of proportionality, those who plan military operations must seek to avoid or minimize what?
The extent of civilian destruction and probable casualties that will result. (to the extent consistent with military necessity.)
Under the Law of Armed Conflict (LOAC), proportionality never applies to military facilities and forces. (T/F)
True. (They are always legitimate targets.)
Does the Law of Armed Conflict (LOAC) principle of proportionality require attackers to expose their forces to extraordinary risks to avoid or minimize civilian losses?
Which Law of Armed Conflict (LOAC) principle prohibits employing any kind or degree of force not necessary for the purpose of war?
Humanity. (Also referred to as unnecessary suffering.)
Give several examples of weapons banned under the Law of Armed Conflict (LOAC) because they cause unnecessary suffering.
Poison or poisoned weapons, expanding hollow-point bullets, and indiscriminate chemical, biological and bacterial weapons.
What Law of Armed Conflict (LOAC) principle demands a certain about of offensive and defensive fairness as well as mutual respect and trust between opposing forces?
The Law of Armed Conflict (LOAC) principle of chivalry forbids treacherous attempts to injure the enemy, such as while displaying the white flag in good faith. What is another example of chivalry/
Treating and protecting an individual as one would wish to be treated by the enemy, were the roles reversed. (Persons hors de combat (outside the fight) or military personnel who are unable to fight due to sickness, injury or shipwreck.)
The Geneva Conventions are four separate international treaties. What do these treaties govern?
The treatment of wounded and sick forces, POWs and civilians during war and armed conflict.
What do the Geneva Conventions' four treaties aim to protect from unnecessary suffering?
Combatants and noncombatants, including wounded, sick, shipwrecked and POWs during hostilities. (They also protect civilians and private property.)
The Geneva Conventions distinguish between what three groups of people?
1) Combatants; 2) noncombatants; and 3) civilians.
Under the Geneva Conventions, who is a combatant?
Anyone who engages in violent acts on behalf of a state party to an armed conflict.
Under the Geneva Conventions, what two conditions must be met for combatants to be immune from prosecution for belligerent acts in armed conflict?
They must act 1) with the authority of a sovereign state; and 2) in accordance with the Law of Armed Conflict (LOAC).
Under the Geneva Conventions, a combatant may be a member of either a regular armed force or a militia. (T/F)
Name the four Law of Armed Conflict (LOAC) requirements of a lawful combatant's force.
It must 1) be commanded by a person responsible for subordinates; 2) have fixed distinctive emblems recognizable at a distance (such as uniforms); 3) carry arms openly; and 4) conduct its combat operations according to LOAC.
____ are protected persons and military personnel not authorized by governmental authority of the Law of Armed Conflict (LOAC) to engage in hostilities.
Noncombatants are protected under the Geneva Conventions and may not be the object of attack. Name two examples of noncombatants.
Certain military personnel not authorized to engage in combatant activities, such as permanent medical personnel and chaplains.
Under what circumstances may civilians suffer injury or death without the attach violating the Law of Armed Conflict (LOAC)?
Incident to a direct lawful attach on a military objective.
The Law of Armed Conflict (LOAC) always forbids civilians from taking an active or direct part in hostilities. (T/F)
False. (Civilians who take a direct part in hostilities without authority are unlawful combatants.)
The term "unlawful combatant" is defined in the Geneva Conventions of 1949. (T/F)
False. (It is not used in the Geneva Conventions.)
How does DoDD 2310.01E, the Department of Defense Detainee Program, define unlawful combatants?
Persons not entitled to combatant immunity, who engage in acts against the US or its coalition partners in violation of the laws and customs of war during an armed conflict.
Unlawful combatants become lawful targets. If captured, can they be tried as criminals for their unlawful actions?
If there is doubt about a captured individual's Law of Armed Conflict (LOAC) status, what protections should the individuals receive until his or her status is determined?
Those of the Geneva Prisoner of War Convention.
The Law of Armed Conflict (LOAC) principle of military necessity authorizes aerial attacks on combatants and other lawful military objectives. Define lawful military objectives.
Those that by their own nature, location, purpose or use make and effective contribution to military action and whose total or partial destruction, capture or neutralization offers a definite military advantage.
How does the Law of Armed Conflict (LOAC) protect civilian populations?
It forbids attacks not justified by military necessity against cities, towns or villages, and forbids attacking civilians for the sole purpose of terrorizing them.
Which personnel are critical in determining the propriety of targets and the choice of weapons when planning an attack?
Judge advocate, intelligence and operations personnel.
Examples of objects specifically protected under the Law of Armed Conflict (LOAC) include medical units or establishments and transports of wounded and sick personnel. Name five others.
1) Military and civilian hospital ships; 2) safety zones established under the Geneva Conventions; 3) religious, cultural and charitable buildings, 4) monuments; and 5) POW camps.
When may objects that are normally protected from direct attacks lose their protection status?
When they are used for military purposes. (They may also suffer collateral damage if they are located near lawful military objectives.)
According to Law of Armed Conflict (LOAC), what is the only place enemy military aircraft may not be attacked or destroyed?
In neutral airspace or territory.
When must an attack on enemy military aircraft be discontinued, according to the Law of Armed Conflict (LOAC)?
When the aircraft is clearly disables and has lost its means of combat.
According to Law of Armed Conflict (LOAC), when may Airmen who parachute from a disable aircraft be attacked?
When they resist, or are downed behind their own lines and continue to fight. (Those who offer no resistance may not be attacked.
Name two conditions that allow civil aircraft in flight to be lawfully attacked.
1) When the civil aircraft initiates an attack; 2) when a reasonable suspicion of hostile intent exists. (Examples; an aircraft approaches a military base at high speed or enters enemy territory without permission and disregards signals or warning to land or proceed to a designated place.)
Military medical aircraft are subject to lawful attach when they initiate an attack. If not known to be engaged in medical operations at the time, name tow of the four other times they are subject to lawful attack.
Any of the following: 1) they do not bear a clearly marked Red Cross, Red Crescent or other recognized symbol; 2) they do not fly at heights, times and on routes specifically agreed to; 3) they fly over enemy territory or enemy-occupied territory, unless otherwise agreed; and 4) they approach enemy territory or a combat zone and disregard a summons to land.
Where may military members who violate Law of Armed Conflict (LOAC) face criminal prosecution and punishment.
In a national or international forum.
Is "I was following orders" an acceptable defense in a war crime trial?
No. (Individual Airmen are responsible for their actions and must comply with the Law of Armed Conflict (LOAC).)
____ are illegal acts that may be justified as a last resort under the circumstances to stop illegal acts committed first by the adversary.
Who may authorize a reprisal by US forces under Law of Armed Conflict (LOAC)?
Only the President of the US (as Commander in Chief (CINC)).
Which Air Force publications contains guidance on handling a possible Law of Armed Conflict (LOAC) violation?
You must inform your commander if you know of or receive a report of apparent Law of Armed Conflict (LOAC) violations by the enemy, allies, US Armed Forces or any others. (T/F)
To whom would you report an alleged Law of Armed Conflict (LOAC) violation by a US Commander?
To the next higher US command authority or the nearest judge advocate, a special agent of the OSI, a chaplain or a security forces member.
What ensures force is used according to national policy goals, mission requirements and the rule of the law?
Rules of Engagement (ROE)
What do mission-specific Rules of Engagement (ROE) provide?
More detailed application of Law of Armed Conflict (LOAC) principles tailored to the political and military nature of a mission's execution orders, operations plans and operation orders.
Who must understand, remember and apply mission Rules of Engagement?
The US Standing Rules of Engagement provide guidance on self-defense and applying force for mission accomplishment. Who issues and approves the SROE?
The Chairman, Joint Chiefs of Staff (CJCS) issues the SROE and the President and SecDef approve them.
Do standing Rules of Engagement limit a commander's inherent authority and obligation to use all means necessary and appropriate for personal, unit or US forces self-defense?
What are the four methods of self-defense listed in the Standing Rules of Engagement?
1) National; 2) collective; 3) unit; and 4) individual.
Under the Rules of Engagement (ROE), two elements that must be considered before using force in self-defense are 1) military necessity and 2) proportionality. Name three other considerations.
3) Hostile act; 4) hostile intent; and 5) declared hostile force.
Under the Rules of Engagement (ROE), how does proportionality constrain the use of force in self-defense?
The force used must be reasonable in intensity, duration and magnitude compared to the threat as known at the time.