Law of War Workshop Deskbook - Higgins Counterterrorism ...

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protected by the Conventions: willful killing, torture or inhumane treatment,including biological experiments; willfully causing great suffering or seriousinjury to body or health, and extensive destruction and appropriation ofproperty, not justified by military necessity and carried out unlawfully andwantonly; compelling a POW or protected civilian to serve in the armed force ofa hostile power; depriving a POW or protected civilian of the rights of fair orregular trial as prescribed in the Conventions; unlawful deportation or transfer orunlawful confinement of a protected civilian; taking hostages.H. Respect for the Conventions (Common Article 1). Establishment of the basicobligation of signatories of the Geneva Conventions to implement theprovisions. The term “respect” was intended to emphasize the humanitarian andunilateral nature of the obligation undertaken by Parties to the Conventions tocomply with its provisions.1. The drafters intended “ensure respect for” to advise the Parties of theircontinuing obligation to oversee the effective implementation of theConventions. The term has also been interpreted in the Commentary toinclude an obligation on the Parties to see that other Parties are complyingwith the Conventions. 22In May 1983, the ICRC appealed to the Parties to the Geneva Conventions to bring influence to bear on bothIran and Iraq to better comply with the Law of War during their ongoing conflict. GEOFFREY BEST, LAW ANDWAR SINCE 1945 146 (1994).Chapter 3Legal Framework of the Law of War34
APPENDIX ACONFLICT SPECTRUMInternalDisturbancesSITUATIONRiotNon-Int’lArmedConflictInt’lArmedConflictTerrorismLAWHuman Rights LawDomestic Law. . . . . . . . . . . . . . . . . . Law of War . . . . . . . . . . . . . . . . . .Common Article 31977 Geneva Protocol IICommon Article 3Common Article 2All GCsCombatant’s Privilege1977 Geneva Protocol I1954 Hague Cultural Property1980 Conventional Weapons35Chapter 3, Appendix ALegal Framework of the Law of War
Page 3: INTERNATIONAL AND OPERATIONAL LAW D
Page 6: HRAnnex to Hague Convention No. IV
Page 10 and 11: 2. War versus Armed Conflict. Histo
Page 12 and 13: 1. Jus ad Bellum: Legitimate War. L
Page 15 and 16: c. The intention must be the advanc
Page 17 and 18: . EXAMPLE: National leaders began t
Page 19 and 20: 1. Early Charter Period. Immediatel
Page 21 and 22: CHAPTER 2THE UNITED NATIONS AND LEG
Page 23 and 24: C. Secretariat.collective security
Page 25 and 26: c. Note that the prohibition refers
Page 27 and 28: (ii)(iii)Blockade;Land, sea or air
Page 29 and 30: c. “Inherent right” of self def
Page 31 and 32: 1. History, background and purpose.
Page 33 and 34: CHAPTER 3LEGAL FRAMEWORK OF THE LAW
Page 35 and 36: (1) GW: Wounded and Sick in the Fie
Page 37 and 38: 1. Common Article 2 -- Internationa
Page 39 and 40: . Providing for the interjection of
Page 41: B. Protecting Power. This refers to
Page 45 and 46: (as defined in subsection 3.2., bel
Page 47 and 48: 5.5.2. Ensure that programs are imp
Page 49 and 50: eport, established in Joint Pub 1-0
Page 51 and 52: APPENDIX CIMPLEMENTATION OF THE DOD
Page 53 and 54: (c) The Director for Operations (J-
Page 55 and 56: 1. Conducting appropriate prelimina
Page 57 and 58: CHAPTER 4THE 1949 GENEVA CONVENTION
Page 59 and 60: B. Civilians.1. Not expressly cover
Page 61 and 62: . The second prohibition was design
Page 63 and 64: Conqueror did not assist the shipwr
Page 65 and 66: H. Voluntary Participation of Local
Page 67 and 68: 1,000 PWs. Those not required will
Page 69 and 70: (1) In Afghanistan, the Soviets eng
Page 71 and 72: . Exception - “in case of urgent
Page 73 and 74: (2) Medical aircraft (and vehicles)
Page 75 and 76: 1. Red Cross. The distinctive emble
Page 77 and 78: CHAPTER 5PRISONERS OF WAR AND DETAI
Page 79 and 80: of attrition and EPW exchanges did
Page 81 and 82: K. 1977 Additional Protocols to the
Page 83 and 84: matter where they were located, bec
Page 85 and 86: and to be commanded by a person res
Page 87 and 88: (2) The standard of proof is “pre
Page 89 and 90: . Implied - type of mission.c. Inhe
Page 91 and 92: actions were perpetrated by the ene
Page 93 and 94:
D. Transfer of POWs (Art. 46 - 48,
Page 95 and 96:
H. Escape.(1) Military Commissions.
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a. CW2 Hall incident 91(1) Probable
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2. But can be punitive by analogy u
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1 See WILLIAM FLORY, PRISONERS OF W
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25 See BARRY E. CARTER AND PHILLIP
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to the rear. EPWs can be on the mov
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63 See Ministry of Defence, United
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78 See Art. 40 & 51, GCC for an ana
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97 See Scott R. Morris, America’s
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R 27-13APPENDIXUNITED STATES CENTRA
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R 27-13c. The GPW provides that any
Page 117 and 118:
R 27-13g. The servicing judge advoc
Page 119 and 120:
R 27-13particular where such person
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R 27-13APPENDIX CTRIBUNAL PROCEDURE
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R 27-13d. Voting. The decisions of
Page 125 and 126:
R 27-13APPENDIX DREPORT OF TRIBUNAL
Page 127 and 128:
R 27-13APPENDIX EFORM OF OATH FOR A
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R 27-13(That you have committed a b
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CHAPTER 6PROTECTION OF CIVILIANS DU
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targeting method) benefit from rest
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c. The result: Protocol I. The prim
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actual harm to the personnel and eq
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principle common to all four Geneva
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. In addition to providing for the
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(1) Attacks not directed as a speci
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whatsoever find themselves, in case
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(1) Invader has rendered the invade
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2. SPECIFIC PROTECTIONS - LOCATION
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(i)Can only be compelled to work to
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244. TREATMENT OF PROPERTY DURING O
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territory the civilian loses his st
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CHAPTER 7METHODS AND MEANS OF WARFA
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5. The U.S. specifically objects to
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Army Pamphlet 27-161-2, 12 (1962) [
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above, GP I, Article 51(5) describe
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. Geneva Convention Definition. (GP
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on a hostile mission. Parachutists,
Page 169 and 170:
natural environment against long-te
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(2) Enemy has duty to indicate pres
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2. Weapons may be illegal:a. Per se
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2. Booby Traps. Definition: A devic
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6. U.S. Developments. On 17 Septemb
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(1) Article I. Parties agree to nev
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(2) The Senate’s resolution of ad
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2. Land Warfare. Creation of fictit
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2. Feigning and Misuse. Distinguish
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proceeded to capture French Peaceke
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A. PrinciplesB. TargetsC. WeaponsD.
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CHAPTER 8WAR CRIMES AND COMMAND RES
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in many codes of chivalry, rape was
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3. Panama. In a much-publicized cas
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e. Since its inception, 94 individu
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(15) Vladimir Santic, 14 January 20
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consents. This dual system of conse
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3. Crimes Against Humanity. A colle
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national, ethnic, racial, or religi
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was purely internal. The court conc
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1. Genocide. “For the purpose of
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D. Army Policy. “The commander is
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A. International v. Domestic Crimes
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C. The Choice of Forum(c) Violation
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(i)Cf. Yamashita, 327 U.S. 22 (cons
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inevitable. No Court will punish a
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j. International Criminal Court. Th
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2. As discussed below, Congress has
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6. Using authority derived from sta
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CHAPTER 9THE LAW OF WAR AND MILITAR
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conflict, but place soldiers in sit
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(3) This situation results in a vac
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C. JA’s must ensure that Rules of
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7. If captured, these personnel are
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(3) Relationship between Humanitari
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(1) The Universal Declaration of Hu
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(1) Attempt to identify those count
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(1) Extraterritoriality. Although t
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(2) The significance of applying su
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collection, burial, and accountabil
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2. Detainment is Typically Authoriz
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(6) Categorization and Segregation.
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L. Detainees retain all the civil r
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occupied territory. Accordingly, if
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APPENDIX CCPL AND DISPLACED PERSONS
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. Application conditioned upon posi
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safety of the requester against imm
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CHAPTER 10LAW OF WAR: METHODS OF IN
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E. Reducing The Credibility Gap. Th
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Thereafter, judge advocates should
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where soldiers are walked through t
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B. Be Enthusiastic - Be an Obvious
Page 273 and 274:
. Violations of the Law of War Freq
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3. “If we are on a sensitive miss
Page 277 and 278:
periodic review and evaluation, par
Page 279 and 280:
action) designed to discourage this
Page 281 and 282:
eviewing ROE, to ensure that miscon
Page 283 and 284:
from a Dum Dum would be the same or
Page 285 and 286:
APPENDIX BEXTRACT FROM AR 3504-41,
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