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STANAG 2449
LOAC Training Module Template
2
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.
3
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
4
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.
5
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.
6
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
7
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]
8
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
………….
9
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.
10
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
11
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.
12
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.
13
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]
14
B. Basic Principles – Distinction
Definition: Distinction
Military attacks shall be directed at
combatants and military targets, and
not civilians or civilian property.
Example:
……
15
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; and
d. conduct their operations in accordance with the LOAC.
16
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; and
c. 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.
17
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.
18
D. Protected Persons – Civilians
Civilians
They may not be attacked unless they participate
directly in hostilities.
MORE SLIDES
MORE DETAILS
EXAMPLES
19
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
20
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.
21
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.
22
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
23
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
24
D. Protected Persons – Detention
Detainees other than Prisoners of War
……………….
Minimum standards
-………………
Detention in situations other that armed conflict
……………………..
25
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.
26
F. Protective and Distinctive Emblems -1
ALL THE EMBLEMS HERE
27
F. Protective and Distinctive Emblems -1
Medical Emblems
28
F. Protective and Distinctive Emblems - 4
HOSPITAL AND SAFETY ZONES AND LOCALITIES
29
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
30
E. Protection of Objects – Hospitals
Hospitals
…………………
31
F. Protective and Distinctive Emblems - 2
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.
32
E. Protection of Objects – Cultural Property 1
33
F. Protective and Distinctive Emblems - 3
Works and Installations Containing Dangerous Forces
(Dams, Dykes & Nuclear Power Stations)
34
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 shall
not 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.
35
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.
36
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.
37
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.
38
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
39
F. Protective and Distinctive Emblems - 5
CIVIL DEFENCE
40
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.
41
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.
42
G. Means and Methods of Warfare – General Principles
Weapons
Effect of a weapon
……
What kind of weapon
…..
Article 36 of AP I - Review of new weapons
. . . . . .
43
G. Means and Methods of Warfare – General Principles
Weapons
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
44
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.
45
G. Means and Methods of Warfare – Prohibited Weapons and
Ammunition 2
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.
46
G. Means and Methods of Warfare – Prohibited Weapons and
Ammunition 3
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.
47
G. Means and Methods of Warfare – Prohibited Weapons and
Ammunition 4
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.
48
G. Means and Methods of Warfare – Prohibited Weapons and
Ammunition 5
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.
49
G. Means and Methods of Warfare – Prohibited Weapons and
Ammunition 6
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.
50
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.
51
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.
52
G. Means and Methods of Warfare – Methods of Warfare
Prohibited methods of warfare
Perfidious conduct
Starvation
etc
53
G. Means and Methods of Warfare – Precautions
Precautions before attack
54
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
55
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.
56
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
57
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.
58
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.
59
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.
60
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
61
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
62
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
63
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
64
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
65
SUMMARY