The Law of War

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International Law and Practice The term "unlawful combatant" has been used for the past century in legal literature, military manuals, and case law. However, unlike the terms "combatant", "prisoner of war", and "civilian", the term "unlawful combatant" is not mentioned in either the Hague or the Geneva Conventions. So while the former terms are well understood and clear under international law, the term "unlawful combatant" is not. At the First Hague Conference, which opened on 6 May 1899, there was a disagreement between the Great Powers—which considered francs-tireurs unlawful combatants subject to execution on capture—and a group of small countries headed by Belgium—which opposed the very principle of the rights and duties of armies of occupation and demanded an unlimited right of resistance for the population of occupied territories. As a compromise, the Russian delegate, F. F. Martens, proposed the Martens Clause, which is included in the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land. Similar wording has been incorporated into many subsequent treaties that cover extensions to humanitarian law. Prisoners of War The Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (GCIII) of 1949 defines the requirements for a captive to be eligible for treatment as a POW. A lawful combatant is a person who commits belligerent acts, and, when captured, is treated as a POW. An unlawful combatant is someone who commits belligerent acts but does not qualify for POW status under GCIII Articles 4 and 5. Article 4 A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: 1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. 2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions: (a) That of being commanded by a person responsible for his subordinates; (b) That of having a fixed distinctive sign recognizable at a distance; (c) That of carrying arms openly; (d) That of conducting their operations in accordance with the laws and customs of war. Page 66 of 265
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. 4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. 5. Members of crews [of civil ships and aircraft], who do not benefit by more favourable treatment under any other provisions of international law. 6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. B. The following shall likewise be treated as prisoners of war under the present Convention: 1. Persons belonging, or having belonged, to the armed forces of the occupied country... Page 67 of 265
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The e-Advocate Monthly …a Compend
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The Advocacy Foundation, Inc. Helpi
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Dedication ______ Every publication
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The Transformative Justice Project
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The Advocacy Foundation, Inc. Helpi
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Biblical Authority ______ Deuterono
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Table of Contents …a compilation
Page 15 and 16: I. Introduction The Law of War Inte
Page 17 and 18: establishes rules relating to the m
Page 19 and 20: treatment of civilian populations i
Page 21 and 22: The Geneva Conventions of 1949 may
Page 23 and 24: deaths and injuries long after conf
Page 25 and 26: Key Provisions and Principles Appli
Page 27 and 28: ICRC to form part of customary inte
Page 29 and 30: legal norms and cultural practices
Page 31 and 32: II. The Just War Theory Just War Th
Page 33 and 34: But, say they, the wise man will wa
Page 35 and 36: the damage inflicted by the aggress
Page 37 and 38: defensive war as a just one -- ofte
Page 39 and 40: Right Intention Force may be used o
Page 41 and 42: Combatants may not use weapons or o
Page 43 and 44: Discrimination The victor state is
Page 45 and 46: List of Just War Theorists These th
Page 47 and 48: III. Perpetual War Perpetual War, E
Page 49 and 50: Military-Industrial Complex The con
Page 51 and 52: after the 60's counterculture as ps
Page 53 and 54: Sun Tzŭ said: ... When you engage
Page 55 and 56: perpetuate fear and hatred of the e
Page 57 and 58: IV. The Rule of Law in Armed Confli
Page 59 and 60: The Geneva Convention relative to t
Page 61 and 62: V. Combatants, Non-Combatants and U
Page 63 and 64: civilians, until they have had a "f
Page 65: While the concept of an unlawful co
Page 69 and 70: If a combatant does not qualify as
Page 71 and 72: "treated humanely", and if tried "s
Page 73 and 74: Municipal law United States Two sep
Page 75 and 76: Non-Citizens in the War Against Ter
Page 77 and 78: On 8 November 2004, a federal court
Page 79 and 80: possess such authority pursuant to
Page 81 and 82: On 4 June 2007, in two separate cas
Page 83 and 84: Roberts of the 2nd Royal Tank Regim
Page 85 and 86: VI. Prisoners of War A Prisoner of
Page 87 and 88: men and women, were driven out onto
Page 89 and 90: war. A cartel was usually arranged
Page 91 and 92: under the Third Geneva Convention,
Page 93 and 94: In 2000, the U.S. military replaced
Page 95 and 96: for them to be sent via Dunkirk to
Page 97 and 98: Commonwealth, and Dominions, 28,500
Page 99 and 100: Information on conditions in the st
Page 101 and 102: Treatment of POWs by The Soviet Uni
Page 103 and 104: After the German surrender, the Int
Page 105 and 106: The United States handed over 740,0
Page 107 and 108: years before being interned in a me
Page 109 and 110: VII. War Crimes A War Crime is an a
Page 111 and 112: Second Geneva Convention for the Am
Page 113 and 114: 2. The following acts as part of an
Page 115 and 116: Former Libyan leader Muammar Gaddaf
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War crimes are significant in inter
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Employment of poison gas World War
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Specific war crimes alleged to have
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Invasion of Poland, in the period o
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Unrestricted submarine warfare agai
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mostly Jews, Russians, Krymchaks, a
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Crimes Perpetrated by Hungary Incid
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Attack on the United States in 1941
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Nanjing Massacre; Narcotics Traffic
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Palawan Massacre, 1944 War crimes (
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Unit 731 use of poisons as weapons
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Odessa massacre Aita Seaca massacre
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have been higher had a great number
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Mykola Lebed - one of the OUN leade
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warfare against merchant shipping N
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forces, declared to be atrocities,
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War crimes: As part of the Briggs'
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as possible, North Korea detained S
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The Hola massacre was an incident d
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Operation Speedy Express War Crim
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on the basis of an unsigned confess
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1975-1990: Lebanese Civil War Armed
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Torture prisoners Kandahar massacre
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And so, incredibly, children are no
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quarter of a million people (mostly
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Siege Sarajevo Siege Bihać Tuzla m
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Klečka killings Lake Radonjić mas
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Fighting involves Mai-Mai militia a
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thousands wounded; and 300,000-500,
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Civil uprising phase of the Syrian
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VIII. The Cold War The Cold War was
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collapsed at the end of the decade
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In what some have called the First
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The differences between Roosevelt a
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included eastern Poland (incorporat
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intelligence operations, adhered to
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Zealand and several other countries
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United States officials moved there
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Eisenhower's secretary of state, Jo
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Churchill told the United States th
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the new Soviet leader as a superfic
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ordered operation to assassinate Ca
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freedom of the press, freedom of sp
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Henry Kissinger, who was US Nationa
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new state would struggle to gain in
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"Second Cold War" (1979-1985) The t
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leaders not to intervene if Poland
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Meanwhile, the Soviets incurred hig
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case as the result of a violent upr
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However, the aftermath of the Cold
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IX. Political Asylum and Refugee La
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If the suspects chose to confess th
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Right of Asylum by Country of Refug
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While restricted, the right of poli
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Definition of Refugee According to
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Sources Refugee law encompasses bot
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The first step of being granted thi
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X. References 1. https://en.wikiped
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Notes _____________________________
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Attachment A Joint Chiefs of Staff:
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affected by media coverage of a spe
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e. Imminent Use of Force. The deter
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contact with JAs at higher levels w
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exercises are much more effective t
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J-3 CJCSI 3121.01B DISTRIBUTION: A,
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CJCSI 3121.01B 13 June 2005 (3) SRO
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CJCSI 3121.01B 13 June 2005 Enclosu
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CJCSI 3121.01B 13 June 2005 (3) U.S
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CJCSI 3121.01B 13 June 2005 b. Purs
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CJCSI 3121.01B 13 June 2005 b. Prov
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CJCSI 3121.01B 13 June 2005 (b) Rev
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CJCSI 3121.01B 13 June 2005 (b) Cat
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PEACE ENFORCEMENT: KFOR (Kosovo, Ju
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ARMED CONFLICT: DESERT STORM (IRAQ,
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ARMED CONFLICT (STABILITY OPERATION
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Attachment B US Marine Corp: Intro
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B130936 Law of War/Introduction to
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8130936 Law of War/Introduction to
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Attachment C Basic Rules of The 194
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Basic rules of the Geneva Conventio
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Provisions common to the four Conve
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Protection of the wounded, sick and
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Protection of the wounded, sick and
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Rules relating to the conduct of co
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Protection of civilian persons and
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Protection of victims of non-intern
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Protection of victims of non-intern
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Advocacy Foundation Publishers Page
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Issue Title Quarterly Vol. I 2015 T
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Issue Title Quarterly Vol. V 2019 O
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LI Nonprofit Confidentiality In The
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Vol. XVIII 2032 Public Policy LXXVI
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African-American Youth in The May 2
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The e-Advocate Quarterly Special Ed
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Legal Missions International Page 2
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Vol. V 2019 XVII Russia Q-1 2019 XV
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The e-Advocate Newsletter Genesis o
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Extras The Nonprofit Advisors Group
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About The Author John C (Jack) John
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The Law of War

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