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AFH 1 · Chapter 19 · Section 19.6

Law of War Principles

Part of Standards of Conduct · 5 sections · ~722 words · WAPS PFE study material

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Principle: Military Necessity

Five important law of war principles govern armed conflict. This is the first.

Definition
Military Necessity justifies the use of all measures needed to defeat the enemy as quickly and efficiently as possible — that are not prohibited by the law of war.

What Can Be Attacked

Attacks must be limited to military objectives.

Military objectives (in terms of objects) include items whose nature, location, purpose, or use make an effective contribution to military action — whose destruction offers a definite military advantage.

Examples: - Tanks - Military aircraft - Bases and supplies - Lines of communication - Headquarters

Military objectives (as persons): - Combatants - Unprivileged belligerents - Civilians taking direct part in hostilities

What Is NEVER Authorized

Absolute Limits
Military necessity does NOT authorize all military action. Under no circumstances may it authorize:
  • Murder of prisoners of war
  • Ill treatment of POWs or internees
  • Taking of hostages
  • Execution or reprisal against specifically protected persons or objects

Principle: Humanity

Definition
Humanity forbids the infliction of suffering, injury, or destruction unnecessary to accomplish a legitimate military purpose.

The Key Distinction

Military necessity justifies certain actions needed to defeat the enemy. But it cannot justify actions not necessary to that purpose.

Once a military purpose has been achieved, inflicting more suffering is unnecessary and must be avoided.

Hors de Combat

Example
If an enemy combatant has been placed hors de combat (taken out of the fight) — through incapacitation, severe wounds, or capture — no military purpose is served by continuing to attack them.

Protection of Civilians

Humanity is the source of the civilian population's immunity from being made the object of attack.

Their inoffensive and harmless character means there is no military purpose served by attacking them.

Principle: Distinction

Definition
Distinction imposes a requirement to distinguish (discriminate) between military forces and civilians, and between unprotected and protected objects.

What to Distinguish Between

  • Military forces vs. civilian population
  • Unprotected objects vs. protected objects

Military force may be directed only against military objectives — not against civilian objects.

Protected Civilian Objects

  • Places of worship
  • Schools
  • Hospitals
  • Dwellings

A defender has an obligation to separate civilians and civilian objects from military objectives.

Civilian objects can lose protected status if used to make an effective contribution to military action.

Fundamental Violations

Prohibited
Using human shields (voluntary or involuntary) to protect military objectives, units, or personnel.
Prohibited
Disguising military forces as civilians or other protected categories to kill or wound opposing forces.

Principle: Proportionality

Definition
Proportionality is the expectation that even where one is justified in acting, one must not act in a way that is unreasonable or excessive.

What Proportionality Weighs

The justification for acting against the expected harms — to determine whether the latter are disproportionate to the former.

Reality of War

In war, incidental damage to civilians and civilian objects is unfortunate and tragic, but often inevitable.

Important
The proportionality rule does NOT require that no incidental damage result from attacks.

What the Rule Requires

Refrain from attacks where: - Expected incidental harm would be excessive in relation to the concrete and direct military advantage anticipated

Take feasible precautions to: - Reduce risk of harm to civilians - Reduce risk to other protected persons and objects

Principle: Honor

Definition
Honor requires a certain amount of fairness in offense and defense — and a certain mutual respect between opposing military forces.

Parties to a conflict must accept certain limits on their ability to conduct hostilities.

Good Faith

Honor forbids means, expedients, or conduct that would constitute a breach of trust with the enemy.

Enemies must deal with one another in good faith in their non-hostile relations.

Five Things Honor Prohibits

In the conduct of hostilities, good faith prohibits:

  1. Killing or wounding by perfidy (treachery)
  2. Misusing certain signs
  3. Fighting in the enemy's uniform
  4. Feigning non-hostile relations to seek military advantage
  5. Compelling nationals of a hostile party to take part in operations against their own country

What Honor Does NOT Forbid

Permitted
Parties MAY use ruses and other lawful deceptions against which the enemy ought to take measures to protect itself.

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