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Law of Warfare

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Submitted By burchreb
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The Hague and Geneva 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 lawful arms cannot be used so as to cause unnecessary suffering (i.e., use of unguided munitions with the intent to extend collateral damage to surrounding civilian property or persons would be unlawful.) Be discriminate: attacks must be directed against a specific, military target.

Proportionality - The loss of life and damage to property incidental to an attack must not be excessive in relation to the concrete and direct military advantage gained.

Rules of Engagement

Rules of Engagement (ROE) are directives issued by competent superior authority that delineate the circumstances and limitations under which U.S. forces will initiate and/or continue engagement with other forces. ROE are drafted in part based upon the Law of War. They are drafted considering political policy, public opinion, and military operational constraints. ROE are usually more restrictive than what the Law of War would allow. Targeting rules are incorporated within Rules of Engagement.

The ROE will be the mechanism for disseminating the commander’s guidance on the use of force. The rules will never require or authorize the use of force in violation of the law of war.

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