1 STANAG 2449 LOAC Training Module Template. 2 Introductory Note to Instructor This Presentation is intended to serve as an exemplar or template for Troop

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STANAG 2449 LOAC Training Module Template

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Introductory Note to Instructor

• This Presentation is intended to serve as an exemplar or template for Troop Contributing Nations (TCN) to use in the conduct of LOAC Training. LOAC Training is a national responsibility; however, many requests have been made for an example presentation that reflects the LOAC training programme described in STANAG 2449, Training in the Law of Armed Conflict. This template briefing attempts to respond to these requests. It is not intended, however, to dictate a prescribed definition or approach to the LOAC nor should it be taken as the NATO “position” on the substance of LOAC.

• This presentation can be adapted for use in format, substance, and structure by TCN. This presentation does not prescribe the substance of LOAC that must be taught; it is fully recognised that each TCN is responsible for providing LOAC instruction based on National interpretation.

• Instructors should consult their supporting legal advisors for additional support and guidance as to the appropriate, nationally approved content for LOAC training.

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Template Outline

ALL MILITARY PERSONNEL

A. Introduction

B. Basic Principles

C. Combatants

D. Protected Persons

E. Protection of Objects

F. Protective and Distinctive Emblems

G. Means and Methods of Warfare

H. Moral Dimensions of LOAC

I. Enforcement of LOAC

NON-COMMISSIONED OFFICERS

J. Role of ICRC

OFFICERS

K. Planning and Conduct of Operations

L. Law of Occupation

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A. Introduction to LOAC – Definition and Rationales

Definition: The Law of Armed Conflict

LOAC refers to those international treaties, conventions, rules, regulations and customary international law that govern the conduct of hostilities during an armed conflict. [STANAG 2449]

Rationales behind LOAC

LOAC has evolved to its present content over centuries and has at its core the following rationales:

•The protection of combatants and non-combatants from unnecessary suffering;

•The safeguarding of fundamental human rights of those who are not, or are no longer, taking part in hostilities; and

•The restoration of peace and resumption of friendly relations between belligerents following hostilities.

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A. Introduction to LOAC – Applicability

LOAC applies, in varying degrees, to:

1. International Armed Conflicts, as stated in Common Article 2 to GCs;

2. Partial or Total Occupation of one State by another State, as stated in Common Article 2 to GCs;

3. Non-International Armed Conflicts which come under Common Article 3 to GCs;

4. Non-International Armed Conflicts of the type described in Article 1 of AP II to the GCs; and

5. Armed Conflicts of the type described in Article 1 (4) of AP I to GCs.

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Importance of LOAC in Planning and Conduct of operations

Consideration should be given to LOAC at the command and execution levels.

The overall effects of missions, and not only the individual phases, should also be evaluated in terms of LOAC to ensure compliance.

K. Importance of LOAC in Planning and Conduct of Operations

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A. Introduction to LOAC – Definition of “Armed Conflict”

Definition of “Armed Conflict”

International Armed Conflict

= An International Armed Conflict exists “whenever there is a resort to armed force between States”.

[Prosecutor v Tadić, ICTY 1997]

Non-International Armed Conflict

= A Common Article 3 Non-International Armed Conflict exists whenever there is “protracted armed violence between governmental authorities and organised groups within a State”.

[Prosecutor v Tadić, ICTY 1997]

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A. Introduction to LOAC – Definition of “Armed Conflict”

The law of use of force and the law of armed conflict

The law of use of force – ius ad bellum

………….

Law of armed conflict – ius in bello

………….

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A. Introduction to LOAC - Sources of LOAC

Treaty Law

Agreements which have been concluded by States in writing and which are legally binding on these States.

Customary International Law

Rules which have been developed as a result of State practice and have become binding on States as a result of their acceptance of them as law.

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A. Introduction to LOAC - Sources of LOAC

Important LOAC Treaties

Hague Conventions

These focus on the Means and Methods of Warfare and are considered to reflect Customary International Law.

Geneva Conventions

These focus on the protection of victims of war and are also considered to reflect Customary International Law.

Additional Protocols I & II & III to Geneva Conventions

AP I (1977) deals with International Armed Conflict

APII (1977) deals with Non-International Armed Conflicts

+ AP III (2005) deals with the new protective emblem , red crystal

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B. Basic Principles – Military Necessity

Definition: Military Necessity

Belligerent must apply only the amount and kind of force necessary to defeat the enemy.

Two Common Elements

1. A military requirement to undertake military action; and

2. The action must not be forbidden by law.

Rationales behind principle of Military Necessity

• Prohibits unnecessary use of force; and

• Ensures efficient use of military resources.

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B. Basic Principles – Proportionality

Definition: Proportionality

Civilian losses resulting from a military action should not be excessive.

Proportionality Test: Article 51 (5) (b) AP I to GCs 1949

An attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

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B. Basic Principles – Humanity

Definition: Humanity

Prohibition on the infliction of suffering, injury, or destruction not required by military necessary.

Source of Principle

Martens Clause

“…civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.”

[AP I to GCs, Article 1]

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B. Basic Principles – Distinction

Definition: Distinction

Military attacks shall be directed at combatants and military targets, and not civilians or civilian property.

Example:

……

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C. Combatants – Identification 1

General Rule

As a general rule, the term “combatant” includes any member of the armed forces, except medical and religious personnel.

Member of Armed Forces

Armed forces of a party to the conflict consist of all organized armed forces, groups and units that are under a command responsible to that party for the conduct of its subordinates.

Militias, Volunteer Groups and Organised Resistance Movements Belonging to Party to the Conflict

May be considered as combatants if they:

a. are commanded by a person responsible for his subordinates;b. wear a fixed distinctive sign recognizable at a distance;c. carry arms openly; andd. conduct their operations in accordance with the LOAC.

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C. Combatants – Identification 2

Inhabitants of a Non-Occupied Territory

Where such inhabitants not had time to form themselves into regular armed units, inhabitants of a non occupied territory are lawful combatants if:

a. on the approach of the enemy they spontaneously take up arms to resist the invading forces;b. they carry arms openly; andc. they respect the LOAC.

This situation is referred to as a “levée en masse”.

Paramilitary / Law Enforcement Agents

If a party to a conflict incorporates paramilitary or armed law enforcement agencies into its armed forces, it must inform other parties to the conflict of this fact.

These forces are then considered lawful combatants.

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C. Combatants – Retaining Status

Conditions to Retain Combat Status

To ensure the protection of the civilian population, combatants are required to distinguish themselves from that population when engaging in an attack or preparing to mount an attack.

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D. Protected Persons – Civilians

Civilians

They may not be attacked unless they participate directly in hostilities.

MORE SLIDES

MORE DETAILS

EXAMPLES

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D. Protected Persons – Chaplains & Persons Accompanying the Armed Forces

Chaplains

Chaplains of the armed forces are non-combatants. They may not be attacked.

Persons Accompanying the Armed Forces

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D. Protected Persons – War Correspondent and Journalists

War Correspondents

Journalists

Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered civilians and may not be attacked.

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D. Protected Persons – Medical Personnel

Permanent Medical Personnel

Personnel of the armed forces permanently assigned to medical activities, to the administration of medical units and to medical transport (“medical duties”) are non-combatants.

They may not be attacked.

If captured, permanent medical personnel will be returned to their own armed forces unless they are retained by the detaining power to assist POW.

Temporary Medical Personnel

Personnel of the armed forces temporarily assigned to medical duties during a limited period of time, such as stretcher bearers, are non-combatants when engaged in such duties.

They may not be attacked while engaged in medical duties.

If captured, temporary medical personnel become POW.

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D. Protected Persons – Prisoners of War 1

Prisoners of War Status

POW status provides certain rights and protections.

Persons Entitled to POW Status

- Combatants- Persons accompanying forces who do not engage in fighting-Members of crews of the merchant navy or civil aircraft of the parties to the conflict-War Correspondents-Temporary medical staff

Persons Not Entitled to POW Status-Civilians who take part in hostilities (levee en masse exception)-Mercenaries-Spies

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D. Protected Persons – Prisoners of War 2

Determining POW Status in Case of Doubt

If doubt as to POW status the individual will be treated by a POW until status is determined by a “competent tribunal”.

Rights of POWs

-Right to be sent home at the end of the conflict-Right to humane treatment-Right not to have their POW status removed from them (nor can they renounce it)

Treatment of POWs

-Protection from physical and mental harm-Protection from reprisals-Access to adequate medical facilities and spiritual care-Female POWs to be treated with due regard to their sex

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D. Protected Persons – Detention

Detainees other than Prisoners of War

……………….

Minimum standards

-………………

Detention in situations other that armed conflict

……………………..

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D. Protected Persons – Wounded and Sick

Treatment of Wounded and Sick

Members of the armed forces who are wounded or sick and who cease to fight are to be respected, protected and treated humanely.

Such personnel are considered to be hors de combat as long as they do not commit any hostile acts.

Search and Collection of Wounded and Sick

All possible measures must be taken at all times to collect the wounded, sick and ship wrecked and to ensure their adequate medical assistance.

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F. Protective and Distinctive Emblems -1

ALL THE EMBLEMS HERE

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F. Protective and Distinctive Emblems -1

Medical Emblems

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F. Protective and Distinctive Emblems - 4

HOSPITAL AND SAFETY ZONES AND LOCALITIES

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E. Protection of Objects – Medical Units / Transports

Medical Units and Medical Transports

Fixed or mobile medical units shall be respected and protected. They shall not be intentionally attacked.

Medical transports of all types (land, sea and air) are protected and must not be intentionally attacked. Such transports must be marked with the red cross, crescent or crystal.

Loss of Protection

Medical establishments lose their protection if they carry out acts harmful to the enemy. Prior warning must, however, be given.

The following acts shall not result in loss of protection:

- The use of arms by medical staff for their own protection or the protection of the wounded and sick-The use of sentries of escorts in respect of medical personnel / transports-Medical personnel acting as sentries for the protection of their medical establishments- The retention of war material from the wounded and sick

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E. Protection of Objects – Hospitals

Hospitals

…………………

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Cultural Property Emblems

Cultural Property – General Protection Cultural Property: Special Protection

Cultural Property

Prohibition against attacking cultural property.

Cultural property includes historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples.

Special Protection of Cultural Property

Parties to a conflict may place certain cultural property under “special protection” which should marked with the international sign.

Prohibition against attacking cultural under special protection.

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E. Protection of Objects – Cultural Property 1

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Works and Installations Containing Dangerous Forces

(Dams, Dykes & Nuclear Power Stations)

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E. Protection of Objects – Works and Installations Containing Dangerous Forces

Protection of Works and Installations Containing Dangerous Forces

Dams, dykes, and nuclear electrical generating stations shallnot be attacked - even if they are military objectives - if the attack will cause the release of dangerous forces and cause “severe losses” among the civilian population.

Other legitimate targets located at or near dams, dykes and nuclear electrical generating stations shall not be attacked if such an attack may cause the release of dangerous forces from those works or installations and consequent severe losses among the civilian population.

Protective Emblem for and Installations Containing Dangerous Forces

Dams, dykes and nuclear electrical generating stations should be marked with a special sign consisting of three bright orange circles on the same axis.

Even if they are not marked with the special sign, they are still entitled to all the protections described above.

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E. Protection of Objects – Works and Installations Containing Dangerous Forces 2

Ending of Protection

Protection ends in the following circumstances:

a. for a dam or dyke: only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;

b. for a nuclear electrical generating station: only if it provides electric power in regular, significant and direct support of military operations and only if such attack is the only feasible way to terminate such support; and

c. for other legitimate targets located at or in the vicinity of these works or installations: only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.

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E. Protection of Objects – Objects Indispensable to the Survival of the Civilian Population

Objects Indispensable to the Survival of the Civilian Population

It is prohibited to attack, destroy, remove, or render useless objects indispensable for survival of the civilian population - such as foodstuffs, crops, livestock, water installations, and irrigation works.

Exceptions

Objects indispensable to the survival of the civilian population may be attacked if they are used by an adverse party:

a.as sustenance solely for the member of its armed forces; or

b. in direct support of military action, provided that actions against these objects do not leave the civilian population with such inadequate food or water so as to cause its starvation or force its movement.

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E. Protection of Objects – Natural Environment

Protection of Natural Environment

Care shall be taken in an armed conflict to protect the natural environment against widespread, long-term and severe damage.

Attacks, which are intended or may be expected to cause damage to the natural environment, which prejudices the health or survival of the population, are prohibited.

Attacks against the natural environment by way of reprisals are prohibited.

Environmental Modification

Environmental modification techniques having widespread, long lasting or severe effects are prohibited.

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E. Protection of Objects – Prisoner of War and Internment Camps

Prisoner of War Camps

POW camps shall not be attacked. Such camps will be marked with the letters “PW” or “PG” (Prisonnier de Guerre) which are clearly visible from the air.

Internment Camps

Civilians may be detained in places known as internment camps. Internment camps shall not be attacked.

Such camps will be marked with the letters “IC” which are clearly visible from the air

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CIVIL DEFENCE

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E. Protection of Objects – Civil Defence Buildings & Materials

Protection from Attack

Civil defence buildings and materiel, as well as shelters provided for the civilian population, are considered “civilian objects” and shall not be attacked or subjected to reprisals.

Exception

The protection to which civil defence buildings, materiel and shelters are entitled ends where they are used to commit, outside their proper tasks, acts harmful to the enemy.

However, protection ends only after a warning has been given and after such warning has been ignored.

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G. Means and Methods of Warfare – General Principles Weapons

Guiding Principle in Respect of Weapons

It is prohibited to employ weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

“Superfluous” means “more than enough, redundant, needless.”

Proportionality and Distinction

A weapon, projectile, material or means of warfare must not cause injury or suffering which is out of proportion to its military effectiveness.

And weapons which cannot be directed at specific legitimate targets or the effects of which cannot be limited are prohibited.

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Effect of a weapon

……

What kind of weapon

…..

Article 36 of AP I - Review of new weapons

. . . . . .

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International law obligations may differ depending on which States are parties to certain conventions on prohibition of weapons

……

Interoperability:

Reminder on the cooperation with other nations

National regulations on permitted / authorized weapons

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G. Means and Methods of Warfare – Prohibited Weapons and Ammunition 1

Prohibited Ammunition

The following types of ammunition are prohibited:

a. projectiles of a weight below 400 grams that are either explosive or charged with fulminating (exploding) or inflammable substances;

b. bullets that expand or flatten easily in the human body, such as bullets with a hard envelope that does not entirely cover the core or is pierced with incisions (that is, hollow point or “dum-dum” bullets); and

c. bullets that have been dipped in poison.

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Bacteriological / Biological Weapons

Regulated specifically by:

1972 Convention on the Prohibition of the Development Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Bacteriological/biological methods of warfare are prohibited. Nations are prohibited from manufacturing, storing and using biological weapons.

Rationale

Both bacteriological and biological weapons are prohibited because they cause unnecessary suffering and may affect the civilian population in an indiscriminate fashion.

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Chemical Weapons

Specifically regulated by:

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction 1993

Chemical weapons (those chemicals which can cause death, permanent harm or temporary incapacity to humans or animals) and munitions or devices designed to carry such chemicals, are banned.

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Gas

The use of asphyxiating, poisonous or other gases is prohibited at all times and under all circumstances.

Riot Control Agents

The use of riot control agents, including tear gas and other gases that have debilitating but nonpermanent effects, as a means of warfare is prohibited.

Blinding Weapons

Laser weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision (that is, to the naked eye or to the eye with corrective eyesight devices) are prohibited.

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Environmental Altering Agents

Environmental modification techniques having widespread, long lasting or severe effects are prohibited.

Non-Detectable Fragments

Weapons that cause injury by the use of fragment undetectable by X-ray in the human body are prohibited.

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Anti-Personnel Land Mines

The possession or use of anti-personnel land mines is prohibited by the Anti-Personnel Mines Convention signed in 1997 by over 100 states.

Cluster Munitions

Cluster Munitions Convention bans the development, production, stockpiling, retention or transfer of cluster munitions.

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G. Means and Methods of Warfare – Limitations on Lawful Weapons 1

Incendiary Weapons

Incendiary weapons include any weapon or munitions designed to set fire to objects or to cause burn injury to humans through the action of flame, heat or a combination of the two caused by a chemical reaction of a substance delivered on a target.

Prohibition

The use of incendiary weapons against combatants is not prohibited unless such use results in superfluous injury or unnecessary suffering.

However, it is prohibited in all circumstances to make the civilian population, individual civilians or civilian objects the object of attack by incendiary weapons.

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G. Means and Methods of Warfare – Limitations on Lawful Weapons 2

Booby Traps

A “booby trap” is any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.

Unlawful Use of Booby Traps

Booby traps and other devices, attached to or associated with certain objects are prohibited. For example:

-sick, wounded or dead persons;-children's toys or objects designed for feeding, health, hygiene, clothing or education of children;-food or drink.

Where booby traps are lawfully used, they must not cause unnecessary injury or suffering or be used indiscriminately.

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G. Means and Methods of Warfare – Methods of Warfare

Prohibited methods of warfare

Perfidious conduct

Starvation

etc

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G. Means and Methods of Warfare – Precautions

Precautions before attack

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H. Moral Dimensions of LOAC

Principled Reasons to Obey LOAC

•Professionalism

•Chivalry

•Conscience

Pragmatic Reasons to Obey LOAC

•Operational Effectiveness

•Reciprocity

•Foreign and Domestic Support

•Criminal Liability

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I. Enforcement of LOAC – State Obligations & Preventing LOAC Violations

State Obligations

States under obligation to:

• Issue orders and instructions requiring compliance with LOAC and to take steps to ensure that these are observed.

• Make the rules contained in the Geneva Conventions 1949 and the two Additional Protocols 1977 as widely known as possible in peace and war.

•To train qualified persons to facilitate application of the Geneva Conventions and Additional Protocol I.

• Provide legal advisers, when necessary, to advise military commanders at the appropriate level on the application of LOAC and on LOAC training to be provided to members of the armed forces.

Relevance of Discipline

States have an obligation to put in place an effective disciplinary system to prevent and prosecute breaches of LOAC.

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I. Enforcement of LOAC – Individual Responsibility

Individual Responsibility

Individuals are responsible for the war crimes that they themselves commit or assist others to commit.

NB: Obeying superior orders does not in itself absolve the subordinate from criminal responsibility

National Prosecution

States have an obligation to enact laws to punish those committing grave breaches of the GCs.

International prosecution

ICC, ICTY, ICTR, Sierra Leone etc.

International Criminal Court established by Rome Statute 1998 to try those who have committed the following crimes:

-Genocide-Crimes against Humanity-War Crimes-Aggression

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I. Enforcement of LOAC – Command Responsibility

Command Responsibility

Commanders are responsible for preventing violations of the law and for taking necessary disciplinary action.

A commander will be criminally responsible if he participates in the commission of a war crime himself.

Commander also criminally responsible if he:

“knew or, owing to the circumstances at the time, should have known’ that war crimes were being or were about to be committed and failed ‘to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authority for investigation and prosecution”.

[Rome Statute 1998, Article 28]

Nuremberg, Yamashita, etc.

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I. Enforcement of LOAC – War Crimes 1

War Crimes – Grave Breaches

The Geneva Conventions 1949 introduced the concept of “grave breaches” as the most serious form of war crimes.

Examples of grave breaches:

-willful killing

-torture or inhuman treatment

-willfully causing great suffering or serious injury to body or health

Prosecution of Grave Breaches

States have obligation to enact legislation to prosecute alleged offenders.

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I. Enforcement of LOAC – War Crimes 2

War Crimes

Serious violations of LOAC, not regarded as grave breaches, are still war crimes and are punishable as such.

Examples include:

-employing poisonous weapons

-to make improper use of the flag of truce

-mutilation or other maltreatment of dead bodies

Prosecution of War Crimes

Any state may try those accused of war crimes, whatever the accused nationality of wherever alleged offence took place.

Members of the armed forces may also be subject to military discipline for the commission of war crimes.

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J. Role of the ICRC

Responsible for:

•Operating Central Tracing Agency

•Maintaining records of POWs, inspecting their camps and providing relief

•Providing humanitarian assistance to the civilian population of countries in conflict

•Assisting states, behind the scenes, to comply with LOAC

•Acts as Protecting Power when none appointed

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Occupation: Definition

Territory is considered occupied when it is placed under the authority of the hostile army. The occupation extends only to the territory where this authority has been established and can be exercised.

The law on occupation applies to all cases of partial or total occupation, even if such occupation does not encounter armed resistance.

End of Occupation

Occupation may be terminated in at least three ways:

a.The occupying power may withdraw from the occupied territory.

b. The occupying power may be ejected from the occupied territory by force.

c. Effective control transfers to a different authority.

L. Law of Occupation – Commencement and End of Occupation

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General Effects of Occupation

a)Limits on Legislative Power of Occupant

Occupant does not have unlimited powers to pass laws.

b)Annexation Prohibited

It is unlawful for the occupant to annex the occupied territory.

c) Maintenance of Public Order

The occupant has an obligation to maintain public order and it is obliged under the GCIV to carry out certain duties with regard to the inhabitants of the territory.

L. Law of Occupation – General Effects of Occupation

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L. Law of Occupation – Other Effects

Other Effects of Occupation

•Duty to Occupying Power

•Rights of Inhabitants of Occupied Territory

•Control of Persons in Occupied Territory

•Forced Enlistment

•Compulsory Labour

•Public Officials in Occupied Territory

•Rights of Non-nationals to Leave Occupied Territory

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LOAC in Operational Planning

Consideration should be given to LOAC at the command and execution levels.

The overall effects of missions, and not only the individual phases, should also be evaluated in terms of LOAC to ensure compliance.

K. LOAC in Planning and Conduct of Operations

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SUMMARY

Documents

1 STANAG 2449 LOAC Training Module Template. 2 Introductory Note to Instructor This Presentation is intended to serve as an exemplar or template for Troop