...Law of War PE 1 1. What would your response to the order be? The order is violating the Laws of War. You can’t force civilians to leave if they don’t want to. Also, you are supposed to protect civilian property more than government property. Destroying the homes could be considered hostile act against civilians. 2. Would you change it? Yes 3. How? Inform the mayor that at 0600 the evacuation will begin and he should gather every one up that is willing to leave. Ask him to inform the people that staying could get them killed and that we will make every effort to keep their homes safe. We will help rebuild any homes that are damaged. 4. What actions would you employ to prevent Law of War violations and crimes? The best thing I could do is to ensure proper training of my soldiers and enforcing the standard as spelled out in FM 27-10. 10.00 out of 10 Law of War PE 2 1. As a senior squad leader how would you respond to this? I would speak with the commander and state that I understand that the destruction of these weapons is a necessity to the safety of the Military, but civilian casualties are always our concern and never an option. 2. What would be your course of action? My course of action would be to ensure an evacuation the sector of town surrounding the weapon manufacture and the warehouses storing the weapons. An operation order outlining a plan to overtake the manufacture and weapon warehouses without civilian casualties must be created...
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...under the law. Furthermore, absent suspension, all persons detained in the United States have the right to habeas corpus. This means that an individual accused of criminal activity cannot be detained indefinitely, with no trial, no counsel, and no ability to petition for freedom if he is wrongfully imprisoned. In the case of a citizen, like Hamdi, who is alleged to be an enemy combatant and the right to habeas corpus has not been suspended, there are competing interests: on one hand, there is the individual’s personal interest in physical liberty; on the other hand, there is the government interest in the safety of the American people, and preventing enemy combatants from committing further crimes. These interests must be carefully balanced in coming to a decision about the constitutionality of detaining enemy combatants. Therefore, this court finds that a citizen-detainee must be afforded notice of the crimes with which he is charged and the factual basis for them, and he must also be given an opportunity to refute the charges before a neutral decision maker. Under these criteria, Hamdi has been denied due process, and therefore is entitled to a hearing that contains the protections of the Constitution. Vacated and remanded. Ex parte Quirin Rule of Law The United States Congress and President, through the Article of War and Executive Orders, may constitutionally place unlawful combatants on trial before a military commission for offenses against the law of war. Issue...
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...Conventions Some of the key elements of the Geneva and Hague Conventions that pertain to company level combat operations will focus on actions and conduct that constitute Law of War violations and war crimes. This lesson will provide you an overview broader than the medical piece of the battlefield, although the medical aspects are certainly included. By U.S. policy, U.S. forces will comply with the Law of War during the conduct of military operations and related activities in armed conflict. During peacekeeping and peace enforcement and all other military operations, U.S. forces will apply law of war principles. Thus, the basic principles of the Law of War contained in the Geneva and Hague Conventions govern during every U.S. military operation. Lawful Conduct The lawful conduct of war--the bounds of lawful use of force--is defined by the concepts of Military necessity, Avoidance of unnecessary suffering, and Proportionality - M-A-P Military Necessity - The Law of War/Law of Armed conflict allows combatants to take actions - with respect to targeting and engagement - that are not specifically prohibited by international law (i.e., convention law) and that are necessary and directly related to the prompt submission of the enemy. The concept of military necessity NEVER allows for a waiver of the law of war. Avoid unnecessary suffering - Arms, projectiles and material calculated to cause unnecessary suffering and or destruction of property are prohibited. Otherwise...
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...Hamdan v Rumsfeld 548 U.S. 557 (2006) Facts: Petitioner, Salim Ahmed Hamdan, following the United States invasion of Afghanistan in 2001, was captured by militia forces and turned over to the United States. Hamdan was recognized as the bodyguard and personal driver for Al-Qaeda leader Osama Bin Laden. Following his capture, Hamdan was sent to Guantanamo Bay detention camp in Cuba in 2002. On November 13, 2001, President George Bush issued a military order intended to govern the overall treatment of Non-Citizens related to the War on Terrorism. In July 2003, the Bush administration deemed Hamdan, alongside 5 other detainees, eligible to be tried in front of a military commission affiliated with this military order. Hamdan and his counsel, Neal Katyal, requested charges and a speedy trial as required by Article 10 of the UCMJ. The Appointing Authority responded by stating that Hamdan was not entitled to any protection by the UCMJ therefore denying these requests. Hamdan, being charged with conspiracy in the United States District Court in the Western District of Washington, argued against the procedural safeguards he was guaranteed under UCMJ and the Geneva Conventions. Hamdan filed for a writ of habeas corpus and was granted so by the United States District Court for the District of Columbia. As proceedings before military commission commenced, the Combatant Status Review Tribunal, held Hamdan for the time being as an “enemy combatant”, after review in compliance with...
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...Advances in technology and weaponry have revolutionised warfare since time immemorial, where inventions such as the chariot, canon powder and the airplane effectively changed the landscape of warfare.1 The law of armed conflict (LOAC) that exists today has developed as a reaction to the atrocities committed in the past; the four Geneva Conventions and the Additional Protocols of 1977 originated as responses to the increased suffering of civilians in armed conflict due in part to developments of weapon technology.2 The legal instruments to regulate the application of these advances in technology can barely keep up with challenges resulting from the rapidness of the advancement of contemporary military technologies. Moreover, recent technological advances raise the prospect of upheavals in practice so fundamental that they challenge assumptions underlying long-established international laws of war.3 This is because advances in technology have dramatically affected the weapons and tactics of future armed conflict, the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought.4 These changes stress the fundamental principles of the LOAC, thus undermining its ability to regulate the conduct of hostilities; namely, by posing challenges to the principles of distinction, proportionality, military necessity and unnecessary suffering. This essay aims to assess the impact technology has had upon the LOACs...
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...In the World War II, the major participants were in a “total state of war” i.e. all the countries involved were using all their available resources and population leaving no difference between civilians and soldiers. It is considered to be the deadliest conflict in human history which resulted in million fatalities. The Nuremberg Trials were a series of military trials held by the victorious Allied forces of World War II most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazis. After the World War II the laws and procedures were written down for the Nuremberg Trial and at that time using jurisprudence which provides a theory for why we need laws the committee defined a new law “Crime Against Humanity” as “Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated”. This law was added to the draft and the Nazis were indicted for war crimes, crime against peace and crime against humanity. The new law “Crime Against Humanity” is derived from the “Natural Law” which is oldest law of jurisprudence which states “that the governments and legal systems should reflect the moral and ethical ideas that are inherent...
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...humanitarian crisis, is lack of access to basic needs by the affected population and inadequate access to information by the aid providers. In addition, crises alter the cultural and social structures that affect the statuses of the men, women, and children in the society (Olsen, Carstensen, and Høyen). Basic principles of International Humanitarian Law International humanitarian law consists of rules used in times of armed conflicts to protect the victims of hostilities. The laws also restrict the methods of warfare employed during such situations. Humanity is one of the basic principles of international humanitarian law. The principle focuses on addressing suffering in the affected regions. It ensures the provision of emergency care to the affected populations wherever found. This results in protection of health and life of the affected populations. Principle of humanity ensures respect for a human being and promotion of their optimal health and wellbeing (van der Merwe). Impartiality, which is the second basic principle of the international humanitarian law, focuses on prioritizing needs of the population in crisis. Principle of impartiality recognizes that, humanitarian actions should be basing on the severity of the human need. This entails responding to the most critical cases of distress without taking into...
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...INTERNATIONAL HUMANITARIAN LAW TERM PAPER NOVEMBER, 5, 2013 CLIENTS NAME INSTITUTION 1950 WORDS Introduction According to the rules of customary international law (IHL), parties to a conflict need to distinguish between the civilians and combatants and military objective and civilian objectives . It is essential to offer a guide on what might be attacked in order to free the civilian populace from the impacts of hostilities. The most important guide regarding armed conflicts is that the combatants may only attack military objectives . However, despite the right to attack only military objectives, the attack will be illegal if the combatants’ use of force may lead to excessive collateral damage on either the civilians or the civilian objects . In addition, the combatants need to take precautionary measures to ensure they do not harm civilians even if they are attacking lawful targets . In this light, it is important to define military objectives and offer an explanation why there are limitations on the attacks on military objectives. Pursuant to Article 52 (2) of Protocol 1, military objectives need to fulfil two criteria. First, it must be a factor in the military action of the adversary. This is often highlighted by the objects “nature, locality, reason or use”. Secondly, the destruction, capture or neutralization must present a clear military benefit to the combatants. Therefore, an attack on a specific area may be tantamount to a...
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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...The government prevented more mistreatment of prisoners of war very well by issuing multiple laws and charging the accused enemy with murder. Prisoners of war are people who are taken prisoner during a military conflict. There are modern laws pertaining to the treatment of prisoners of war that date back to the middle ages, but the most common source of modern international laws about the prisoners’ treatment is found in the Geneva Convention. Early in the Civil War, the prisons were easily able to hold the numbers of prisoners, partially due to the prisoner exchange agreement. Later, the number of facilities used to hold prisoners was forced to increase. Prisoners of war were treated very poorly in the Civil war, and the public was outraged...
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...allowed within the U.S. law and the Law of War. Additionally there is no moral obligation to limit your fighting power in a war to what your enemy has so there are no moral or ethical issues with these strikes. The use of these drones...
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...Assignment of 1 Year MBA – Semester – 2 Subject: International Law What are your perceptions on the Universal Declaration of Human Rights? Would you like to amend any of the articles or add a new article to the declaration? ‘CRIME AGAINST THE HUMANITY’, means that the acts of persecution or any large-scale atrocities against a body of people, as being the criminal offense above all others. Human rights are international norms that help to protect all people everywhere from severe political, legal and social abuses. The right to freedom of religion, the right to a fair trial when charged with crime, the right not to be tortured, and the right to engage in political activity are the fundamental human rights. The rights exist in morality and in law at the national and international levels. The main sources of the contemporary conception of human rights are the Universal declaration of Human rights, the treaties that followed in international organizations such as the United Nations, the Council of Europe, the Organization of American States, and the African Union. The Universal Declaration of Human Rights sets out number of human rights that countries should respect and protect, which are normally divided into six. They are Security rights that protect people against abuses of the legal system such as imprisonment without trial, secret trials and excessive punishments, liberty, rights that protect the liberty...
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...justly a moral criminal for fighting in a war that is either illegal or unjust? This question is at the centre of a new debate that pits a widely held and legally embedded principle of war, that soldiers have equal rights and responsibilities regardless of whether they are on the ‘side of the just’ or not, against a set of unusual new arguments (Rodin and Shue, 2008). Most Americans see the attacks of 9/11 as an unprecedented act of terrorism. Issues related to the response to these attacks have convinced many observers that the current international law regime is an outmoded relic. In particular, they say, the tradition of a just war, which provides the moral basis for most aspects of international law concerning war, stands in need of major revision. The just war is a largely Christian philosophy that attempts to reconcile three things: • taking human life is seriously wrong • states have a duty to defend their citizens, and defend justice • protecting innocent human life and defending important moral values sometimes requires willingness to use force and violence The theory specifies conditions for judging if it is just to go to war, and conditions for how the war should be fought. Although it was extensively developed by Christian theologians, it can be used by people of every faith and none (Rodin and Shue, 2008). A utilitarian approach is “the greatest good for the greatest number.” This can be applied to the theory of “just war.” For utilitarian the end justifies...
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...Research Paper May 3, 2015 Introduction The Syrian Civil War has resulted in the deaths of hundreds of thousands of people. Since 2011, protests and attacks have been a daily occurrence, and the regime of Bashar Al-Assad has done what it believed was necessary to stop rebel forces and end protests. As such, Assad has committed many questionable, at best, and criminal, at worst, actions against the civilians of Syria in an effort to stop the rebels. The indiscriminate warfare Assad has used against Syrian citizens is shown in multiple international doctrines as illegal, and is thus a war crime, which should be prosecuted. The Statue of the International Criminal Court defines war crimes as “serious violations of the laws and customs applicable in international armed conflict” and “serious violations of the laws and customs applicable in an armed conflict not of an international character (ICRC 2016). Section IV of Rule 156 of the International Committee of the Red Cross, titled Other Serious Violations of International Humanitarian Law Committed During a Non-International Armed Conflict, lists use of prohibited weapons subject to criminal sanctions, and specifically references the Chemical Weapons Convention, Amended Protocol II to the Convention on Certain Conventional Weapons, and the Ottawa Convention as laying the groundwork for this guideline. This paper will address historical context of the Syrian Civil War, United Nations documents concerning indiscriminate weapons...
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...Research Paper Sample Outline: Paper Topic: What factors caused the United States to Enter World War I Using the following example, write an outline for your research paper. You may use bullets as you sketch out your paper with sentence fragments or notes style. Introduction: Hook: ▪ "It is our true policy to steer clear of permanent alliances with any portion of the foreign world..." o Quote by Washington set the precedent early on that the U.S. would avoid becoming involved in foreign affairs. Setting/Time Frame: ▪ 1914, beginning of WWI, U.S. declares its neutrality and President Wilson vows to keep the U.S. out of the war Historical Context: ▪ Isolationist policies of U.S. ▪ Underlying causes: expansionism, aggressive nationalism, system of rival alliances, idea that war brings out best in men and countries Immediate Context: ▪ 1914, war triggered when a Serbian nationalist assassinates Archduke Ferdinand, heir to Austrian throne ▪ America trading with all countries involved Thesis Statement: 1-2 sentences, with three or more thesis parts Although the United States tried to maintain its position of neutrality, its entrance into World War I was justified based on German aggression, violation of international law, and protecting economic interests First Thesis Part: ▪ American tradition in staying out of European affairs o Washington’s Farwell address o Monroe Doctrine ▪ Wilson...
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