PURPOSE

 

12.       The main purpose of the Laws of Armed Conflict is to:

            a.         Protect both combatants and non-combatants from unnecessary sufferings.

b.         Safeguard certain fundamental human rights of persons who fall into the hands of the enemy.

            c.         Respect civilian objects and property.

            d.         Facilitate the restoration of peace.

e          Facilitate rebuilding efforts when conflict is over.

 

CATEGORIES OF ARMEID CONFLICTS

 

13.       There are three categories of Armed Conflicts whether war is declared or not:

 

a.         International Military Conflict:  is the conflict between two governmental using their military forces against each other. In these conflicts many wars are not declared like Vietnam, Iraq, Panama. Grenada.

 

b.         State formation conflict: Involves at a minimum one government and one non-governmental party demanding change in the constitutional states of a territory. Insurgency conflict is of these categories. Common Article-3 of the Geneva Conventions and the law of the state apply in these cases.

 

c.         Internal conflict: is a conflict over the control of government involving at a minimum one government on the one side and the non-government party who challenges the in combat government for power on the other side. Criminal acts, riots may be commenced in these cases and the Domestic law of the State is applied.

 

 

 

FUNDAMENTAL PRINCIPLES OF LAWS OF ARMED CONFLICT

 

14.       The Laws of Armed Conflict or Laws of War, as promulgated in the Hague and Geneva Convention, seeks to prevent unnecessary suffering and destruction by limiting the harmful effects of hostilities through minimum standards of protection to be accorded to combatants, non-combatants, and their property. Four fundamental principles are embraced.

 

a.         Military necessity:  The principle that justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible

 

b.         Unnecessary sufferings. It is especially forbidden to employ arms, projectiles or material calculated to cause unnecessary suffering. The concept extends to unnecessary destruction of property.

 

c.         Proportionality. The loss of life and damage to property must not be out of proportion to the military advantage to be gained.

 

d.         Honorable Conduct. Armed forces are to be subject to a code of discipline and will respect/follow the Laws of War.

 

 

APPLICATION OF THE LAWS OF ARMED CONFLICT:

 

15.       The most of the Laws of Armed Conflict applies only to conflicts between nations. Thus it does not apply during the suppression of riots or civil disturbance, since these actions do not involve international violence. Similarly, the laws of armed conflict do not govern hostilities with terrorist group. The laws of armed conflict apply equally to both sides in all international wars or armed conflicts. This is true even of one side is guilty of waging an illegal or aggressive war. The side that is acting in defense against illegal aggression does not, because of the fact, gain any right to violate the laws of armed conflict even forces acting under the sanction of the UN.

 

THE LAWFUL TARGETS

 

16.       The specific Laws of War/Laws of Armed Conflict under the Geneva Convention are determination of lawful targets, determination of lawful weapons, treatments of prisoners of war, civilians and the sick and wounded. Application of firepower is the key question for any discussion of the Law of the Armed Conflict and Human Rights in a combat environment. All the primary conventions address the issue of targeting only military objectives as should be attacked.

 

17.       There are two broad categories of lawful targets — combatants and military objects.

 

a.         Combatants.

 

(1) Lawful combatants (lawful targets), Examples include:

(a)        Members of the regular armed forces

 

(b)        Irregular armed forces.

 

(2)        Unlawful combatants (lawful targets) — anyone engaged in hostilities that are not a lawful combatant.

 

(3)        Non-combatants (unlawful targets) — those individuals who do not form a part of the armed forces and who otherwise refrain from the common mission or direct support of hostile acts.

 

b.         Military objects.

 

(1)        Lawful targets include military personnel and property that are part of the military support/structure. Lawful targets may include the enemy's economic base.

 

(2)        Unlawful targets include, but are not limited to, civilian population centers, cultural centers, medical facilities, undefended places, "protected" objects and places.