A Soldier'S Guide To The Law of Armed Conflict: Army Code 71130
A Soldier'S Guide To The Law of Armed Conflict: Army Code 71130
A Soldier'S Guide To The Law of Armed Conflict: Army Code 71130
A SOLDIER'S GUIDE
TO THE
LAW OF ARMED
CONFLICT
Copyright This work is Crown copyright and the intellectual property rights for this
publication belong exclusively to the Ministry of Defence (MOD). No
material or information contained in this publication should be reproduced,
stored in a retrieval system or transmitted in any form outside MOD
establishments except as authorised by both the sponsor and the MOD
where appropriate.
Authority This publication is issued under the overall direction of the CGS.
Status The contents provide clear military information concerning the most up to
date experience and best practice available for commanders and troops to
use in their operations and training.
CONTENTS
Chapter 1 Introduction
Historical Background
Armed Conflict
International Law
Rules of Engagement
General
The Application of the Law of Armed Conflict
Basic Principles
Individual Responsibility
Combatants
Guerillas
Spies
Mercenaries
Non Combatants with Military Forces
Civilians
Protection of Combatants
Protection of Civilians
Prohibitions
Precautions in Attack
Protection of Property
Reprisals
Non Hostile Relations with the Enemy
Protective Zones
Protective Emblems
General
Lawful Weapons
Prohibited Weapons
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Chapter 6 Wounded, Sick, Medical Personnel and Chaplains
General
Wounded and Sick on Land
Medical Units, Personnel and Resources
Wounded, Sick and Shipwrecked at Sea
Chaplains
Introduction
Prisoner of War Status
Basic Protection of Prisoners of War
Action on Capture
Internment
Conditions of Internment
Medical and Religious Facilities
Work
Discipline
The Protecting Power
Prisoners' Representative
Repatriation
Introduction
General Provisions
Protected Persons
Treatment of Enemy Aliens
Occupied Territories
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DEFINITIONS, ABBREVIATIONS AND REFERENCES
HCP Hague Convention for the Protection of Cultural Property in the Event
of Armed Conflict of 1954.
Municipal Law In an international law context, this refers to the internal law of states.
Protocol Another word for a treaty or convention, but usually used to describe
an instrument ancillary to a convention but operating independently
and subject to independent ratification.
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Prot I Geneva Protocol I Additional to the Geneva Conventions of 12 August
1949, and Relating to the Protection of Victims of International Armed
Conflicts of 1977.
PW Prisoner of War.
Reference
The Joint Service Manual of the Law of Armed Conflict (JSP 383) 2004 Edition provides
further reference and more detailed explanation of the Law of Armed Conflict.
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CHAPTER 1 - INTRODUCTION
Historical Background
1. Nations maintain armed forces to protect their interests. If there is an armed conflict,
the overall object is to win it and to defeat the enemy as quickly as possible. Armed
conflict is not a gentle business; it involves death, injury, destruction, loss of liberty,
changes in a way of life, sorrow, personal hardship and discomfort.
2. In the conflicts at the start of civilization generally no quarter was sought or given.
Rape, pillage and the slaughter of at least the adult males of the vanquished were to
be expected. The conquered were put to death or made slaves. The wounded
were dispatched by the victors on the battlefield where they lay. It may be argued
perhaps that in those days there was no practical alternative.
3. As civilization developed the Greeks coined this type of behaviour as barbaric and
conducted by barbarians who, by their definition, were not civilized. It should be
noted that the development of medical knowledge and the provision of military
medical services and hospitals are comparatively recent.
4. Despite many occurrences of barbarism throughout the ages, there have been
notable instances of humane behaviour which are worth recording. Examples of this
are:
b. Bonaparte wrote to the emperor of Austria after Marengo in 1800, "It is on the
battlefield, amid the sufferings of vast numbers of wounded men, surrounded
by 15,000 dead bodies, that I adjure Your Majesty to listen to the voice of
humanity".
c. Admiral Nelson's eve of Trafalgar prayer for victory included the words: "....
and may no misconduct in any way tarnish it. And may humanity after victory
be the predominant feature of the British fleet".
5. Just as, in centuries past the Articles of War provided a code of discipline for a
particular campaign, so also agreements between belligerents, known as cartels,
were made dealing with such things as the exchange of prisoners, or perhaps their
ransom, the treatment of the wounded, the sick and sometimes even the protection
of the civilian population. However, these agreements generally ceased to have
effect at the end of the campaign for which they were made.
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7. In general (and until relatively recently), peaceful civilians who took no part in combat
were unaffected by it. Unfortunately, the risk of appearing to take sides in a conflict
deterred many from going to the aid of the wounded. It was the sight of thousands of
untended wounded on the battlefield of Solferino in June 1859 that gave the idea of
what was to become the Red Cross movement to a Swiss businessman called Henry
Dunant from Geneva. At about that time a wave of sympathy for human suffering
was growing into what we now call humanitarianism. Various people including
Florence Nightingale began to care about the poor, about prisoners, slaves, lunatics
and the sick in general and about the military sick and wounded in particular. During
the Crimean War sixty per cent of those wounded who had not succumbed
immediately died eventually of their wounds. In World War I, seven and a half per
cent of such wounded succumbed compared with two and half per cent in World
War II and about two per cent in more recent conflicts.
8. Henry Dunant realised that much of the suffering of battle could be avoided if armies
had more medical support. He realised that local inhabitants had charitable feelings
towards the sick and wounded and understood their hesitation in tending the
wounded. Dunant and four others met in Geneva on 17 February 1863 and formed
a Committee which described itself as a permanent international committee for the
aid of military wounded. That Committee eventually became the International
Committee of the Red Cross (ICRC). One of the first things which the Committee did
was to convene an international conference "to remedy the inadequacies in the Army
Medical Services." In October 1863 unofficial delegates, non-diplomats, doctors and
civil servants from 16 countries met in Geneva. They decided to form national
societies which would provide mutual assistance to the Army Medical Services.
9. The First Geneva Convention was signed in August 1864 by diplomats from 12
countries, and diplomats from 5 further countries (including Britain, Russia and
America) also took part in the Conference. This Convention provided for the respect
and protection of ambulances, military hospitals and wounded and sick military
personnel; for local inhabitants to come to the relief of the wounded; for the wounded
or sick combatants to whatever nation they may belong, to be collected and cared
for; and for the sign of the Red Cross on the white back-ground (the reversed colours
of the Swiss flag) as a distinctive emblem that has become internationally known.
10. Since the middle of the last century the tendency has been to have written laws in
the form of treaties between States. Most customary law1 has now been
incorporated into these treaties. The first Geneva Convention of 1864 was an
important international step. It paved the way for other international agreements.
The most important of those in force today are the Hague Rules, the 1949 Geneva
Conventions and the 1977 Additional Protocols.
Armed Conflict
11. Before the Second World War in 1939, States were either at peace or at war;
international law was clearly divided into the law of peace and the law of war. This
1. Customary law comprises those usages that have grown up through custom into established legal
rules - see para 6.
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legal division became clouded after 1945 when the United Nations Charter was
introduced because this limited the right of States to wage war.
12. Individual member States of the UN may also be called upon by the Security Council
to participate in armed enforcement actions against aggressor states. Self-defence
or enforcement actions, especially if they are protracted, may be indistinguishable
from war but in law they are more restrained in the manner in which they may be
conducted. To cover all situations the generic term 'armed conflict' is now used in
place of 'war' in the various Conventions, Protocols and UN documents.
International Law
13. In broad terms, international law is the body of law that governs relations between
sovereign States or nations. It is important to note that international law can also
apply to individuals.
15. International law consists of the rules which States apply in their relations with each
other. Because of difficulty of enforcement, compliance with international law is
based mainly on the mutual interests of States and the political and economic
sanctions that may be imposed on States that do not observe the established law.
International law, as reflected in the UN Charter, forbids the use or threat of force in
international relations except:
16. Just as most Nations have courts to enforce their laws, the world has the
International Court of Justice at The Hague. However, the International Court of
Justice differs from national courts in that it does not have compulsory power over all
Nations; it is essentially a voluntary court, hearing only those disputes which the
States concerned choose to place before it. This may be seen as a weakness, but
the effectiveness of international law does not depend, in the last resort, on a court
to enforce it. International law is observed because of reciprocity and mutual self-
interest, the need for which is recognised by most States, and through the pressures
exerted by international public opinion.
17. In addition, it is generally accepted that under international law States have the
authority to try foreigners within their jurisdiction for war crimes, wherever committed.
International tribunals may also be set up to deal with war crimes such as those
established by the United Nations Security Council for the former Yugoslavia and
Rwanda. A new International Criminal Court came into existence on 1 July 2002.
The crimes with which it will deal are genocide, specified war crimes and crimes
against humanity (see further para 5 of Chapter 9).
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18. In every international armed conflict, members of the armed forces including
accompanying civilians, are subject not only to their own domestic law including,
where appropriate, Service law, but also to international law. The law of armed
conflict regulates the rights and duties of the belligerents if an armed conflict occurs
whatever the cause of that conflict. Its relationship with Municipal Law in the UK is
as follows:
a. UK courts can try any UK national, resident or a person subject to Service law
for any offence subject to the jurisdiction of the International Criminal Court
wherever in the world those offences are committed. Also, under the Geneva
Conventions Act (as amended), grave breaches of the Geneva Conventions
and the Additional Protocols can also be tried by British courts, regardless of
the nationality of the accused or the place of the offence. Other breaches of
the law of armed conflict may amount to ordinary criminal offences under UK
domestic law and courts will certainly take the law of armed conflict into
account in considering the legality of actions carried out by military personnel
during armed conflict.
b. Under the Army Act 1955, any civil offence under English law is also an
offence under military law. Thus, except for certain exempted offences
committed in the United Kingdom, courts martial will also have jurisdiction
over breaches of the law of armed conflict.
19. ROE are political parameters on the use of force. They are likely to be specific to
particular operations and will be governed by LOAC, domestic law, and political
considerations. UK troops may find themselves operating under UK, NATO or UN
ROE but whatever ROE are in use, they will have been approved by UK Government
ministers who will have been careful to ensure that soldiers complying with the ROE
will not be in breach of LOAC or UK law.
20. There may be valid political reasons for limiting the use of lawful force and by
defining the degree and manner in which force is to be used. ROE ensure that
commanders know the constraints they are acting under. Commanders may issue
their own ROE to their subordinates further limiting the use of force, even to the
extent of inhibiting a soldier from carrying out an action which would otherwise have
been lawful. ROE are not intended to assign specific tasks or tactical instructions.
21. Further details and examples of the application of UK ROE can be found in JSP 398
(2000) United Kingdom National Rules of Engagement. ALS advice should be
sought if there are doubts about the implementation of any particular ROE.
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CHAPTER 2 - THE LAW OF ARMED CONFLICT
General
1. The law of armed conflict has traditionally dealt with conflicts between states and has
not concerned itself to any great degree with internal armed conflicts. That situation
is now changing and the law relating to internal armed conflicts is to be found in
Chapter 10. Except in so far as otherwise specified, the rest of this publication is
concerned with the international law of armed conflict ie that part that deals with
conflicts between States.
a. A declared war or any other armed conflict between two or more States; or,
c. Armed conflicts in which peoples are fighting against colonial domination and
alien occupation and against racist regimes in the exercise of their right of
self-determination.
a. Customary law binding on all States. This applies equally to the provisions of
treaties that have become recognised as customary law. The Hague Rules
fall into this category.
b. Those other treaties that are binding on the parties to the conflict. For
instance, this would include those provisions of the Protocols that are not
already considered to be customary law but which bind those States that are
party to them. In 1998 the UK ratified the 1977 Additional Protocols I and II.
The UK as a State party is now legally bound to apply these provisions
whether or not they are already customary international law subject to any
clarificatory statements.
Basic Principles
4. There are several main principles and concepts which lie behind the overall purpose
of the law of armed conflict but three core features are essential to the spirit of the
law. These are:-
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necessity is not an excuse for inhumane conduct nor for any activity
prohibited by the law.
5. Nothing in the law of armed conflict prohibits members of the UK armed forces from
taking appropriate action in self defence. Reasonable and proportionate force may
be used for protection from imminent threat.
Individual Responsibility
6. Although international law is aimed mainly at regulating the conduct of States and
their governments, individual combatants are required to comply with the law of
armed conflict. States and individuals benefit from compliance with the law. Not
only are duties imposed by the law, but also rights are granted to individuals. Most
important is the right of the combatant to employ force and to engage in violence
which if done by a non-combatant would be unlawful. If the responsibilities of a
combatant are not lawfully carried out, his corresponding rights may be affected.
The same principle applies to belligerent States and the civilian populations who are
protected and defended by their armed forces.
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CHAPTER 3 - THE STATUS OF INDIVIDUALS
Combatants
(1) are under a commander who is responsible for the conduct Prot I 43
of his subordinates to one of the Parties in conflict; and
Guerillas
1. It is customary for members of organized armed forces to wear a uniform. The definition is wide
enough to cover auxiliary and reserve forces.
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unusual combat conditions they are unable so to distinguish themselves,
they do not lose their combatant status provided that they carry their Prot I 44(3)
arms openly during each engagement, and while visible to the enemy
when deploying before attack. The UK considers that this situation can
only exist in occupied territory or in the conflicts referred to in para 2b
and c of Chapter 2.
3. If combatants do not comply with the provisions of para 2 they will lose
their right to be granted prisoner of war status but still have to be given Prot I 44(4)
the equivalent protections.
Spies
Mercenaries
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Civilians
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CHAPTER 4 - THE RULES OF COMBAT
Protection of Combatants
1. It is forbidden:
Protection of Civilians
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circumstances ruling at the time offers a definite military
advantage. They include military buildings, minefields,
weapons, concentrations of troops and individual enemy
combatants. Depending on the circumstances, they may
also include objects of an apparently civilian nature which
are used for military purposes such as command and
control sites, communications installations, power supplies,
airfields, transportation and lines of communication; or
c. "Civilian objects" are all objects which are not military objectives.
5. Effective advance warning must be given of attacks which may affect the Prot I 51
civilian population, unless circumstances do not permit. For example, 52
where a place is to be bombarded, the commander of the attacking force 57
is to do all that he can to warn the authorities before commencing the
bombardment, except in cases of assault or where surprise is an
essential element of success. This only applies to bombardment of HR 26
places where there are still civilians remaining.
6. Civilians should be removed from the vicinity of military objectives so far Prot I 58
as possible, and the belligerents should endeavour to avoid siting their
military installations near the civilian population. Failures by the
defenders in this regard should not inhibit attacking commanders from
attacking military objectives though they must, as always, take feasible
precautions to minimize civilian casualties and damage (see para 9).
Prohibitions
8. It is forbidden:
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b. to compel enemy nationals to take part in operations against their HR 23
own country even if they were in your service before the outbreak
of hostilities.
g. to direct attacks at objects indispensable for the survival of the Prot I 54(2)
civilian population such as food-stuffs, crops, livestock and
drinking water.
Precautions in Attack
1. Adapted from A P V Rogers, Law on the Battlefield, MUP, 1996, by permission of Manchester
University Press.
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b. do everything feasible to verify that the target is a military
objective.
h. ensure that target lists are kept constantly under review in the
light of changing circumstances.
Protection of Property
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Reprisals
13. Reprisals are an unsatisfactory way of enforcing the law. They tend to
be used as an excuse for illegal methods of warfare with a danger of
escalation through repeated reprisals and counter-reprisals.
15. The United Kingdom reserves the right to take proportionate reprisals
against an enemy's civilian population or civilian objects where the
enemy has attacked our own civilians or civilian objects in violation of
Protocol I. The decision to do so will be taken at Government level.
2. Reprisal means a breach of the Law of Armed Conflict as a reply to a breach of that law by the enemy
with the purpose of terminating the enemy violation.
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Protective Zones
17. The law permits various zones to be set up for the protection of people GC I 23
from hostilities. They include hospital, safety, neutralized and GC IV 14
demilitarized zones and non-defended localities. Generally they are GC IV 15
protected from attack and military operations. They will be set up by Prot I 59
higher authority who will publish the details and the rules to be observed, Prot I 60
(see also Chapter 8 para 2).
Protective Emblems
18. The letters PW and PG, standing for Prisoner of War and Prisonnier de GC III 23
Guerre, if painted on the walls and/or roofs of prisoner of war camps GC IV 83
show that those camps have protected status and may not be attacked.
The letters IC stand for Internment Camp. Under the Fourth Geneva
Convention of 1949 civilians may in certain circumstances be interned GC IV 41
for security reasons. Internment Camps are, of course, protected and and 42
free from attack.
19. The red crescent and red cross on white back-grounds are the protective GC I 38
emblems for the medical services. Persons, units or establishments Prot I 8
displaying either sign should not be attacked.
20. The white flag, or flag of truce, indicates no more than an intention to HR 32
enter into negotiations with the enemy. It does not necessarily mean a
wish to surrender. The party showing the white flag must stop firing and
if so the other party must do likewise. There is no obligation to receive a HR 33
flag party which may be sent back. The flag party may not be attacked
and on completion of its mission must be allowed to return to its own
lines. The Hague Rules provide for the flag party to consist of the envoy,
flag bearer, interpreter and trumpeter, bugler or drummer. In modern
warfare the latter may be replaced by a radio operator and the flag party
may well travel in a vehicle flying the white flag.
21. Oblique red bands on a white ground may be used to indicate hospital GC IV
and safety zones, (see paragraph 17). Annex 1
Art 6
22. Protocol I introduces some additional protective emblems. Three bright Prot I 56
orange circles denote dykes, nuclear power stations or dams. The Prot I 66
protective emblem for civil defence is a bright orange square with a blue
equilateral triangle on it. Personnel and property of the civil defence
organisations are also immune from attack.
23. The Hague Cultural Property Convention of 1954 established the HCP 16
emblem of the blue and white shield for the protection of cultural Prot I 53
property. The UK is not a party to this Convention, but many States are API 53
bound by it as Parties. However, the UK is obliged to respect cultural
property under Customary Law and Additional Protocol I.
24. Annex A to this Guide shows the design and colour of these protective
symbols.
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CHAPTER 5 - USE OF WEAPONS AND AMMUNITION
General
Lawful Weapons
2. All weapons in service with the British Army are lawful. However, it is
still necessary to ensure that they are used in a correct manner. No
unofficial changes or alterations should be made to weapons systems as
these could affect their legality.
Prohibited Weapons
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i. Anti-Personnel Land mines (APL). 2 OC
a. Mines and booby traps and other devices. (See para 4i for UNWC Prot
provisions on APL). II
2. These weapons remain available for States who have not become party to the Ottawa Convention (eg
USA). The Treaty covers use of such weapons at all times (including internal conflict)
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CHAPTER 6 - WOUNDED, SICK,
MEDICAL PERSONNEL AND CHAPLAINS
General
3. The wounded and sick are protected and must be humanely treated. GC I 12
Murder or violence to the person are strictly prohibited. Sick and Prot I 10
wounded members of the opposing forces must not be tortured or 11
subjected to biological experiments or abandoned without medical care.
Priority in the order of medical treatment is decided only for urgent
medical reasons. Women are to be treated with all consideration due to
their sex.
4. Parties to the conflict are required to search for and collect the wounded GC I 15
and sick and to search for the dead and prevent their being despoiled.
Arrangements may be made between the parties to permit the removal,
exchange and transport of the wounded left on the battlefield. Similarly
the passage of medical and religious personnel and equipment to the
battle area is permitted. Despoiling dead bodies is strictly prohibited.
5. Requirements are laid down for keeping records of the wounded, sick GC I 16
and dead.
7. Military authorities must allow the local population and relief societies to GC I 18
collect and tend the wounded and sick. No one is to be molested or Prot I 16
convicted for having nursed the wounded or sick or for having acted in
accordance with medical ethics.
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Medical Units, Personnel and Resources
a. Medical personnel may carry and use small arms for their self- GC I 22
defence and for the defence of the wounded and sick in their Prot I 13
care. This does not extend to resisting capture.
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13. Medical Emblem. The distinctive emblem of the Red Cross or Red GC I 38-44
Crescent is to be displayed on the buildings and equipment of the Prot I 18
medical services, but in the case of military units may be camouflaged
on the order of the local tactical commander. Medical personnel must
carry a special identity card and armband bearing the emblem.
15. Maritime Medical Transport. There are detailed provisions for the GC II 22-35
protection of hospital ships. Other small craft which may be involved in
rescue operations and the sick bays of warships are also protected
under the Convention. Exterior surfaces of hospital ships should be GC II 43
painted white with dark red crosses, as large as possible, displayed on
each side of the hull and on the horizontal surfaces so as to afford the
greatest possible visibility from the sea and from the air.
Chaplains
16. Chaplains attached to the armed forces have protected status and may GC I 24
not be attacked. They wear an armlet showing the Geneva emblem and
carry a special ID card. They may not be armed. If captured they may GC I 40
be "retained" to meet the spiritual needs of PW of their own forces. They
have direct access to the camp authorities and must be allowed access
to PW in outside detachments.
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CHAPTER 7 - PRISONERS OF WAR (PW)
Introduction
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Basic Protection of Prisoners of War
7. It is important to remember that PW are in the hands of the enemy State, GC III 12
and NOT the individuals or units which capture them.
8. PW must at all times be humanely treated. Any unlawful act or omission GC III 13
by the Detaining Power causing death or seriously endangering any PW
in its custody is prohibited and may lead to individuals responsible facing
prosecution for war crimes.
9. PW are entitled in all circumstances to respect for their persons and their GC III 14
honour. Specific mention is made of women in this respect.
10. PW must be provided with free maintenance and medical attention. GC III 15
Action on Capture
12. When questioned a PW is bound to give his full name, rank, service GC III 17
number and date of birth so that an identity can be established and his
next of kin informed of his capture. To this end every State is required to
issue to each person who is liable to become a PW an identity card
containing this minimum information. A PW is not required to provide
any further information and no physical or mental torture nor any form of
coercion may be used to obtain it.
14. A PW is entitled to keep his or her identity card, personal property, GC III 18
decorations, badges of rank, articles of sentimental value and military
clothing and protective equipment such as combat helmets, gas masks
and NBC clothing.
15. Money and valuables may only be taken on the order of an officer for
safe-keeping. A receipt must be given and a record kept of the items
taken and from whom.
16. PW shall be evacuated as soon as possible after their capture to camps GC III 19
which are not unnecessarily exposed to danger.
17. The evacuation and movement of PW must be carried out humanely. GC III 20
Sufficient food and water, clothing and medical attention must be
provided.
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Internment
18. Usually PW are interned. But they may be released on parole if this is GC III 21
allowed by the law of their own State.
Conditions of Internment
b. The Detaining Power must inform other parties to the conflict of GC III 23
the location of PW camps and the siting of air protection shelters,
marking them so that they are clearly identifiable from the air.
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d. Prisoners must be allowed freedom in the exercise of their GC III 34
religious beliefs. Accommodation must be provided for religious
services.
Work
a. PW, other than officers, may be required to work. NCOs may GC III 49
only be required to do supervisory work. Officers may not be
compelled to work but if they ask for suitable work, they should be
given it.
b. Apart from work connected with the administration of the camp, a GC III 50
PW may be required to do work within the following categories:
(1) agriculture;
Discipline
22. Amongst the provisions in the Convention dealing with discipline are the
following:
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b. PW are subject to the same disciplinary provisions as are the GC III 82
soldiers of the Detaining Power.
23. The Protecting Power is a neutral State appointed to ensure that the GC III 8
Convention is observed. The Protecting Power's duty is to safeguard GC III 9
the interests of the parties to the conflict. To achieve this the Protecting
Power may appoint delegates to carry out its duties. The Protecting
Power has various functions, notably to inspect PW camps and to deal
with prisoners' appeals for help in correcting any violations of the
Convention by the Detaining Power. If no neutral Protecting Power has
been appointed, its functions can be exercised by the ICRC or some GC III 10
other humanitarian organisation
Prisoners' Representative
24. An important spokesman for PW in dealing with the Detaining Power, GC III 79
Protecting Power or the ICRC is the PW representative. He is usually
the senior PW officer. If there is no officer detained in the PW camp the
prisoners' representative is elected. However, the representative
elected must be approved by the Detaining Power before he has the
right to commence his duties. In all cases the prisoners' representative
must have the same nationality and speak the same language as the
PW whom he represents.
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Repatriation
25. PW must be released and repatriated without delay after the cessation of GC III 118
active hostilities. Arrangements may be made for the repatriation during GC III 109
hostilities of the seriously wounded or sick, unless hospital treatment in a
neutral country is possible.
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CHAPTER 8 - PROTECTION OF CIVILIANS IN ENEMY HANDS
Introduction
General Provisions
4. Protection for Civilian Hospitals, Staff and Transport. The protection GC IV 18-
traditionally reserved for the army medical services is extended to 22
civilian hospitals, staff and transport by land, sea and air. Prot I 8-31
6. Child Welfare. Parties to the conflict are to care for children under 15, GC IV 24
orphans and those separated from their families and where appropriate Prot I 77 &
facilitate their reception in a neutral country. They are not to be subject 78
to political propaganda.
Protected Persons
8. Protected persons are those who at any time and for any reason are in GC IV 4
the hands of a party to the conflict or Occupying Power of which they are
not nationals. The most common categories are enemy nationals in your
own territory and the population of occupied territory.
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punishment and the taking of hostages are forbidden. In all Prot I 72-79
circumstances the person, honour, family rights, religious convictions,
manners and customs of protected persons should be respected. The
question of honour of women is specific. There must be no rape, no
enforced prostitution and no indecent assault.
10. Enemy aliens who wish to leave the territory of the other Party must, so GC IV 35,
far as possible, be permitted to do so. The Convention ensures the 41-43 &
humane treatment of those who remain. Unless security reasons 78-135
necessitate controls such as internment, they must be allowed to lead a
normal life. There are detailed rules on conditions of internment.
Occupied Territories
11. The provisions of the Convention which deal with the administration of GC IV 47-78
occupied territories are extensive. The aim is to ensure that the
Occupying Power will respect the basic human rights of the people who
live in the occupied territory. The destruction of property is forbidden
except where absolutely necessitated by military operations. In general
terms, the Occupying Power must care for the civilian population.
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CHAPTER 9 - SERVICE DISCIPLINE
1. Military persons are required to obey lawful commands but must not obey unlawful
commands. If a soldier carries out an illegal order, the fact that a crime has been
committed by a person pursuant to an order of a Government or of a superior, shall
not relieve that soldier of criminal responsibility unless:
a. The soldier was under a legal obligation to obey orders of the Government or
the superior in question; and
b. The soldier did not know that the order was unlawful; and
3. Breaches of the law of armed conflict can lead to disciplinary action or prosecution
before military tribunals or civil courts. Serious war crimes may be prosecuted under
the International Criminal Court Act 2001. These offences carry a maximum prison
sentence of 30 years or, in cases equating to murder, life imprisonment. Indirect
participation such as aiding and abetting can also be prosecuted under this Act.
4. Commanders, at all levels, can be held responsible for the acts of their subordinates
where a commander knew or, owing to the circumstances at the time, should have
known, that his subordinates were committing or about to commit offences and he
failed to take all necessary and reasonable measures within his power to prevent or
repress their commission or to submit the matter to the competent authorities for
investigation and prosecution.
5. A number of international courts have now also been established to deal with war
crimes, genocide and "crimes against humanity". These include the Tribunal for the
Former Yugoslavia and the Tribunal for Rwanda. Both these tribunals have primacy
over national courts. The permanent International Criminal Court was established
on 1 July 2002 and the UK is a party to it. Unlike the Tribunals, it only has
jurisdiction where national authorities are "unwilling or unable" to take jurisdiction
themselves. It is UK Government policy that all allegations of crimes within the
jurisdiction of the ICC will be investigated and, where appropriate, prosecuted by
national courts, either civilian or military.
6. A captured soldier who has committed war crimes can expect to be dealt with
according to the military law of the Detaining Power or by a war crimes tribunal.
However, he or she does not lose PW status.
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CHAPTER 10 - INTERNAL ARMED CONFLICT
2. Internal disturbances and tensions such as riots, isolated and sporadic Prot II 1(2)
acts of violence, and other acts of a similar nature, are not armed
conflicts as a matter of law.
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4. In armed conflicts between dissident armed forces and the forces of a
State where the dissidents being under responsible command exercise
such control over a part of the territory of a High Contracting Party as to Prot II 1(1)
enable them to carry out sustained and concerted military operations,
Protocol II to the 1949 Geneva conventions will apply. This lays down
additional rules for the protection of detained persons, the wounded and
sick, the civilian population and for regulating penal processes. It does
not, however, give PW status to detainees.
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CHAPTER 11 - PEACE SUPPORT OPERATIONS
1. The Law of Armed Conflict will not strictly apply to peace support operations short of
peace enforcement such as the more traditional form of UN peacekeeping (ensuring
the delivery of humanitarian aid or supervising peace or ceasefire agreements).
However UN and other peace support forces will be expected to use the Law of
Armed Conflict as the basis for their actions.
2. However, where the mission requires the use of force going beyond that allowed
under the rules of self defence, it becomes a question of fact whether that use of
force is such that the UN or other Peace support forces have become parties to an
armed conflict. In that eventuality, the laws of armed conflict will apply. While the
position may be clear in peace enforcement operations such as the Gulf Conflict of
1990-91, it may be less clear in cases such as protection of safe areas or the
enforcement of no-fly zones. Instructions will be given by the appropriate authority
and legal advice should be sought from ALS.
3. In all these situations, the legal situation could be very complex and ALS advice
should be sought where necessary. The law applying to troops in a peace support
role may include:
e. The law of the host country or countries (so far as it is not excluded from
application to peace support forces by any status of forces agreement).
4. Compliance with any Rules of Engagement (as agreed by the UK Authorities) should
ensure that all use of force is lawful.
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ANNEX A
PROTECTIVE EMBLEMS
IC Internment Camp
Flag of Truce
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ANNEX B
2. Employ methods of attack which will achieve your objective with the least amount of
incidental civilian damage.
3. Do not attack enemy soldiers, sailors or airmen who surrender. Disarm them and
treat them as prisoners of war.
4. Collect and care for the wounded or sick whether friend or foe.
9. Respect all persons and objects bearing the Red Cross, Red Crescent and other
recognized symbols of humanitarian agencies.
11. Do not attack persons and objects that display the protective emblems illustrated
overleaf.
12. It is the duty of all ranks upon becoming aware of an allegation of any breach of the
law of armed conflict to report the circumstances to their Commanding Officer.
13. Disobedience of the Law of Armed Conflict is a crime and not only dishonours your
country and you but renders you liable to punishment as a war criminal.
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ANNEX C
Use of Force
2. To achieve any military objective, use only the necessary force that causes the least
amount of collateral damage and is within your ROE.
Self-Defence
3. You have the right to use force (including authorised weapons as necessary) in self
defence.
General Rules
6. Hostile forces/belligerents who want to surrender will not be harmed. Disarm them
and turn them over to your superiors.
10. Prevent and report all suspected violations of the Law of Armed Conflict to superiors.
12. Respect all persons and objects bearing the Red Cross or Red Crescent and other
recognized symbols of humanitarian agencies.
13. Report and take appropriate steps to stop breaches of these rules. Disobedience to
these Rules will adversely affect the accomplishment of the mission, discredits your
Force and renders you liable to punishment.
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