RELATION WITH THE RULES OF ENGAGEMENT AND THE PRINCIPLES OF WAR

30.       The Laws of Armed Conflict (LOAC) is not the same thing as Rules of Engagement (ROE). These Rules of Engagement are the guideline that the state imposes on its own military forces while the laws of armed conflict are building on all nations and their armed forces. The Laws of Armed Conflict (LOAC) may be an important influence in drafting the Rules of Engagement (ROE).

31.       Laws of Armed Conflict may be considered as an expression in legal terms of principles of war such as objective, mass economy of force, surprise and security. Both the laws and principles of war stress the importance of concentrating forces against critical targets, while avoiding the waste of resources against military unimportant objectives.

RELATION WITH HUMAN RIGHTS

32.       The Laws of Armed Conflict (LOAC) protects human rights with specific rules that ensure that the force of combat is directed towards the enemy’s forces and not toward unarmed civilians, prisoners, or others not involved in combat. The LOAC also protects human rights by ensuring that use of military force does not cause any unnecessary personal suffering or property destruction.

33.       The principles enunciated in the Geneva Conventions are consistent with and actually pre-date the Universal Declaration of Human Rights and most regional human rights conventions.

34.       In all four of the Geneva Conventions, Article 3 sets out basic human rights for combat situations. This so-called “Common Article - 3" applies to non-international conflicts which are not otherwise covered by the specific rules in the Geneva Conventions. It provides that those who take no active part in the hostilities, including those who are no longer able to fight, are to be treated humanely and in particular, they ire to be protected against:

a.         Violence to life and person-in particular, murder, mutilation, cruel treatment and torture.

b.         Taking of hostages.

c.         Outrages upon personal dignity in particular, humiliating and degrading treatment.

d.         The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

ENFORCEMENT OF THE LAWS OF WAR

35.       The means of the enforcement of the laws of war includes diplomatic means, the judicial punishments of war crimes, reprisals and reciprocity, the pressure of the-world opinion and the right to compensation for breaches of law of war i.e. sanctions. The taking of hostages to ensure enforcement, or for any other purpose, is now regarded as obsolete. Reprisals themselves are actually illegal acts of war in response to illegal actions on the other but their purpose is to warn the enemy to conform to law. However, these important means of sanctions may be noted as under:

a.         Diplomatic means: Diplomatic pressure, either through neutral states or international organization, has become a major factor in enforcing the law of armed conflict. During the Southeast Asia conflict, for example, the United State conducted a successful effort, through neutral nations, to prevent trials of US prisoners of war.

b.         The Protecting Power: Under the Geneva Convention of 1949, the treatment of prisoners of war, interned civilians and the inhabitants of occupied territory is to be monitored by neutral nations known as protecting power.

c.         War Crime Trials: International Law allows a nation to try captured enemy personnel for deliberate, intentional violations of the laws of war. These trials must meet certain minimum standards of fairness and due process.

d.         Reprisals and Reciprocity: Historically threats of retaliation have played an important role in securing compliance with the laws of war. A reprisal is an otherwise illegal act committed to persuade the enemy to cease some illegal activities on their part. Under Geneva Convention 1949 reprisals may not be directed against hospitals, medical personnel, the sick and wounded, the shipwrecked, interned civilians, the inhabitants of occupied territory, and prisoners of war.

e.         Compensation: Yet another sanction of the laws of war is that a belligerent State which violates the laws and customs of war may be compelled to pay compensation for such violation.  Article 3 of Hague Convention of 1907 provides that a State violating the laws of war can be compelled to pay compensation for such violation