The Law of the Armed Conflict. (LOAC)

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Whether or not they wear a uniform, all persons directly participating in military operations are combatants. Combatants are proper targets and can be attacked. All other persons, including civilians, medical personnel, prisoners of war and enemy wounded,are considered non- combatants. Non-combatants cannot be directly targeted unless they are engage in hostile acts.

Military forces have an obligation to distinguish between civilians and military targets-this is called the principle of distinction. The direct targeting of civilians is a breach of the LOAC. Similarly, attacks on civilian property are prohibited The LOAC expressly prohibited the use of schools and religious buildings and museums for military purposes.

Problems arise where military targets are located close to or within centers of population. Attacks on these targets, even if they are expected to cause civilian deaths and damages, are not strictly unlawful. However, in such cases military planners must also take into account the principle of proportionality- attacks causing damages are justified only if the expected military advantage is far greater than the expected damage to the civilian population. In any event, the LOAC prohibits area bombardment and other indiscriminate attacks which do not distinguish between military objectives and civilian targets.

It is unlawful to attack medical personnel, facilities and vehicles provided they are properly marked with a red cross or red crescent. Medical personnel may carry weapons as long as they are used only to defend a medical facility against unlawful attack. Note that it is a serious breach of the LOAC to store weapons together with medical supplies or to place combat assets in a medical facility or vehicle.

It is also unlawful to pretend that you cannot be attacked under the laws of war. Such abuses of the LOAC include using false markings on military air craft, opening fire after you pretend to surrender or pretending you are civilian.

Provided they are unarmed, wounded enemy combatants are considered “ out of fight”, and are not to be attacked. Simillarly, it is illegal to fire upon aircrew parachuting from a disabled aircraft mules they commit a hostile act. However, airborne troops (paratroopers) are lawful targets as they descend.

Soldiers who violate any of the laws of war commit a crime and may be tried by military courts-martial, an enemy court or an international tribunal. Soldiers are personally responsible even if they have orders to commit a war crime- superior orders are not a defence.

Дата добавления: 2014-12-25