The document discusses the Law of Armed Conflict (LOAC). It defines LOAC as the branch of international law that seeks to limit the effects of armed conflict by protecting non-combatants and restricting means and methods of warfare. LOAC applies to both international and non-international armed conflicts. It aims to protect civilians, prisoners of war, and limit unnecessary suffering. Key LOAC principles are military necessity, distinction between combatants and civilians, and proportionality in attacks. The Geneva Conventions of 1949 are important sources of LOAC rules governing treatment of wounded forces, prisoners of war, and civilians.
1. THE LAW OF ARMED CONFLICT IN
Kareem Kawa Kareem
2. LOAC DEFINE
• It is that branch of international law which seeks to limit the effects of armed
conflict by protecting persons who are not participating in hostilities, and by
restricting and regulating the means and methods of warfare available
to combatants.
• The LOAC arises from a desire among civilized nations to prevent
unnecessary suffering and destruction while not impeding the effective
waging of war. A part of public international law, LOAC regulates the conduct
of armed hostilities. It also aims to protect civilians, prisoners of war, the
wounded, sick, and shipwrecked. LOAC applies to international armed
conflicts and in the conduct of military operations and related activities in
armed conflict, however such conflicts are characterized.
3. TYPES OF ARMED CONFLICTS:
• international armed conflicts, opposing two or more States.
• non-international armed conflicts, between governmental forces
and non-governmental armed groups, or between such groups
only.
4. PURPOSE OF THIS LAW
• it aims to limit the effects of war on the civilians and civilian objects.
• Key message:
1- Do not attack people who no longer take part in hostilities.
2- Do not use weapons that make no distinction between combatants and civilians or
weapons & methods of warfare which cause unnecessary suffering and/or damages.
5. GENERAL LEGAL FRAMEWORK
• 1864: First Geneva Convention
• 1907: Hague Conventions
• 1949: Four Geneva Conventions ( Wounded and Sick in Armed Forces in the Field (I),
Wounded and Sick in Armed Forces in the Field (II), Treatment of Prisoners of War
(III), Protection of civilian Persons in Time of War (IV).
• 1977: Two additional Protocols (Protection of Victims of International Armed
Conflicts (AP I), Protection of Victims of Non-International Armed Conflicts (AP II).
• 2005: Third additional Protocol (Adoption of an Additional Distinctive Emblem
(APIII) Weapons Conventions (chemical weapons, landmines, cluster munitions);
Customary International Humanitarian Law
6. WHY SHOULD IRAQI SOLDIERS LEARN LOAC?
• 1) Law of Iraq.
• 2) Professional Soldiers vs. Criminals.
• 3) Honor and Pride.
• 4) Military Efficiency.
• 5) Support from Coalition.
• 6) Facilitates restoration of peace.
8. MILITARY NECESSITY
• Military necessity requires combat forces to engage
in only those acts necessary to accomplish a
legitimate military objective. Attacks shall be limited
strictly to military objectives. In applying military
necessity to targeting. Illegal arms for combat include
poison weapons and expanding hollow point bullets
in armed conflict. Even lawful weapons may require
some restrictions on their use in particular
circumstances to increase compliance with the LOAC.
9. DISTINCTION
• You must always clearly distinguish between
combatants and civilians or the civilian population as
such. Combatants may of course be attacked unless
they are out of action, i.e. they are hors de combat.
Civilians are protected from attack but lose that
protection whenever they take a direct part in
hostilities for the time of their participation. Similarly,
you must always distinguish between military
objectives which can be attacked and civilian objects
which must be respected. The word “object” covers
all kinds of objects, whether public or private, fixed or
portable.
11. PROPORTIONALITY
• When military objectives are attacked,
civilians and civilian objects must be spared
from incidental or collateral damage to the
maximum extent possible. Incidental damage
must not be excessive in relation to the direct
and concrete military advantage you
anticipate from your operations. Excessive
use of force quite clearly violates the law of
armed conflict.
13. THE 10 SOLDIER’S RULES
• 1. Soldiers fight only enemy fighters that take part in the fighting.
• 2. Soldiers do not harm enemies who surrender. Disarm them and turn them over to your
superior.
• 3. Soldiers do not kill or torture personnel in their custody.
• 4. Soldiers collect and care for the wounded, whether friend or foe.
• 5. Soldiers do not attack civilians and civilian objects.
• 6. Soldiers use no more force than the mission requires.
• 7. Soldiers treat all persons humanely.
• 8. Soldiers do not steal. Soldiers respect private property and possessions.
• 9. Soldiers should do their best to prevent violations of LOAC.
• 10. Soldiers report all violations of LOAC to their superiors.
14. References
• https://www.icrc.org/eng/assets/files/other/law1_final.pdf
• Duxbury, A. (2007), Drawing Lines in the Sand- Characterizing conflicts for the purposes
of teaching International humanitarian law, Melbourne Journal of International law,
volume 8: 1-14
• Sassoli, M. (2006), Transnational armed groups and international humanitarian
law, Harvard University, 6:1-50
•
Stewart, G.S. (2003), Towards a single definition of armed conflict in international
humanitarian law: A critique of internationalized armed conflict, 85(850):313-350
15. HOME WORK
• Explain one of the principle of the law of armed conflict ?
• Look at photos and tell me can you attack to them?
17. THE GENEVA CONVENTIONS OF
1949
• Some of the most important LOAC rules come from
the Geneva Conventions of 1949. The Geneva
Conventions consist of four separate international
treaties. These treaties aim to protect combatants and
noncombatants from unnecessary suffering who may
become wounded, sick, shipwrecked, or POWs during
hostilities. They also seek to protect civilians and
private property. The four treaties govern the
treatment of wounded and sick forces, POWs, and
civilians during war or armed conflict.