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?