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ARMED CONFLICT:
AN INTRODUCTION
What is LOAC?
Often referred to as the law of war or
International Humanitarian law or IHL, LOAC
stems from a special branch of public
international law comprising rules which seek to
Purpose of LOAC
Broadly, LOAC aims to limit the effects of war on
people and objects.
Key message:
Do not attack people who do not no longer take part
in hostilities;
Do not use weapons that make no distinction between
combatants and civilians or weapons & methods of
warfare which cause unnecessary suffering and/or
damages.
LOAC does not determine whether a State does or does
not have the right to resort to armed force. This aspect
is governed by a separate branch of public
international law within the framework of the UN
Charter.
What is a State?
Defined Territory
Permanent Population
Government
Sovereignty
(independent control/jurisdiction
on territory
All states are legally equal
Jus
Jus ad bellum
The Prohibition:
The UN Charter Article 2 (4) prohibits the use or
threat of use of force against states is prohibited.
Accordingly, all Members shall refrain in their
international relations from the threat or use of force
against the territorial integrity or political
independence of any state, or in any other manner
inconsistent with the Purposes of the United Nations.
Exceptions:
The UN Charter Articles 39 41 &the right of selfdefence (Article 51).
..a
liberation.
Non-international armed conflicts, or otherwise
known as internal armed conflicts, for
example, hostilities by belligerent groups
within the territory of a state.
LOAC does not apply to situations of violence
not amounting to, in intensity, to an armed
conflict. Such cases are governed by Human
Rights law and relevant domestic legislation.
--civilians
-- individuals who are no longer taking part in fighting,
--wounded, sick and shipwrecked military personnel ,
--prisoners of war,
--medical and religious staff.
Certain
-- hospitals and
-- ambulances
Protection against
Violence to life, health or physical or mental
Means of Protection
LOAC prohibits methods and means of warfare:
that target people who are not taking part in fighting.
Methods & means of warfare that do not distinguish
between combatants & protected persons, e.g. carpet
bombing, are prohibited.
that cause superfluous injury, e.g. IHL prohibits the
use of weapons the effect of which would be
excessive in relation to the military advantage
anticipated, such as, exploding bullets whose aim is
to cause untreatable wounds.
that cause lasting damage to the environment, e.g. the
use of biological and chemical weapons and antipersonal landmines.
Humanity
Distinction
Military necessity
Proportionality
Principal Treaties
1949 Geneva Conventions for the Protection of
Victims of War
First Convention for the Amelioration of the
Condition of the Wounded and Sick in the Armed
Forces in the Field
Second Convention for the Amelioration of the
Condition of the Wounded, Sick and Shipwrecked
Members of the Armed Forces at Sea
Convention Relative to the Treatment of Prisoners
of War
Fourth Convention Relative to the Protection of
Civilian Persons in Time of War
Treaties cont
Additional Protocols to Geneva Conventions
Protocol I: International Armed Conflicts,
1977
Protocol II: Non-international Armed Conflict,
1977
Protocol III: Adoption of an Additional
Distinctive Emblem, 2005
Why?
--- Moral duty
--- Prudent military option
--- Sensible political choice
--- Legal obligation
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