A Soldier'S Guide To The Law of Armed Conflict: Army Code 71130

Download as pdf or txt
Download as pdf or txt
You are on page 1of 41

Army Code 71130

A SOLDIER'S GUIDE

TO THE

LAW OF ARMED

CONFLICT

This publication supersedes


Issue 5.0: February 2005 Army Code 71130 (April 2001)
CONDITIONS OF RELEASE

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.

Distribution As directed by SO1 Doctrine (Publications), DGD&D who is the sponsor


and to whom comments and queries concerning this publication should be
addressed.

Issue 5.0: Feb 05


A SOLDIER'S GUIDE TO THE LAW OF ARMED CONFLICT

CONTENTS

Chapter 1 Introduction

Historical Background
Armed Conflict
International Law
Rules of Engagement

Chapter 2 The Law of Armed Conflict

General
The Application of the Law of Armed Conflict
Basic Principles
Individual Responsibility

Chapter 3 The Status of Individuals

Combatants
Guerillas
Spies
Mercenaries
Non Combatants with Military Forces
Civilians

Chapter 4 The Rules of Combat

Protection of Combatants
Protection of Civilians
Prohibitions
Precautions in Attack
Protection of Property
Reprisals
Non Hostile Relations with the Enemy
Protective Zones
Protective Emblems

Chapter 5 Use of Weapons and Ammunition

General
Lawful Weapons
Prohibited Weapons

i
Issue 5.0: Feb 05
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

Chapter 7 Prisoners of War (PW)

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

Chapter 8 Protection of Civilians in Enemy Hands

Introduction
General Provisions
Protected Persons
Treatment of Enemy Aliens
Occupied Territories

Chapter 9 Service Discipline

Chapter 10 Internal Armed Conflict

Chapter 11 Peace Support Operations

Annex A Protective Emblems

Annex B An Aide Memoire for Use in Armed Conflict

Annex C An Aide Memoire for Use in Peace Support Operations

ii
Issue 5.0: Feb 05
DEFINITIONS, ABBREVIATIONS AND REFERENCES

Definitions and Abbreviations


The definitions and abbreviations given below have been used extensively in this
publication. Abbreviations appear in the margin beside the paragraph that refers to the
particular Article of the relevant Convention.
Accession The formal acceptance by a state of obligations under a treaty,
convention or protocol of which it was not one of the original
negotiating parties.

BWC Biological Weapons Convention, 1972.

Convention A term ordinarily reserved for a formal treaty of multi-lateral character.

CWC Convention on the Prohibition of the Development, Production,


Stockpiling and Use of Chemical Weapons and on their Destruction of
1993.

GC I Geneva Convention for the Amelioration of the Condition of the


Wounded and Sick in Armed Forces in the Field of 1949.

GC II Geneva Convention for the Amelioration of the Condition of Wounded


Sick and Shipwrecked Members of Armed Forces at Sea of 1949.

GC III Geneva Convention Relative to the Treatment of Prisoners of War of


1949.

GC IV Geneva Convention Relative to the Protection of Civilian Persons in


Time of War of 1949.

Hague Decl Declaration Concerning Expanding Bullets, 1899.

HCP Hague Convention for the Protection of Cultural Property in the Event
of Armed Conflict of 1954.

HR The "Hague Rules" contained in Regulations annexed to Convention


No IV respecting the Laws and Customs of War on Land of 1907.

ICRC International Committee of the Red Cross.

Municipal Law In an international law context, this refers to the internal law of states.

OC The Ottawa Convention on the Prohibition of the Use, Stockpiling,


Production and Transfer of Anti-Personnel Mines and on their
Destruction of 1997.

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.

iii
Issue 5.0: Feb 05
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.

Prot II Geneva Protocol II Additional to the Geneva Conventions of 12 August


1949, and Relating to the Protection of Victims of Non-international
Armed Conflicts of 1977.

PW Prisoner of War.

Ratification The formal acceptance by a state of its obligations under a convention,


treaty or protocol of which it was one of the original negotiating parties.

St P Decl St Petersburg Declaration Renouncing the Use, in Time of War, of


Explosive Projectiles Under 400 Grammes Weight of 1868.

UNWC United Nations Convention on Prohibitions or Restrictions on the Use


of Certain Conventional Weapons Which May be Deemed to be
Excessively Injurious or to Have Indiscriminate Effects of 1980. There
are four Protocols to this Convention as follows:

Protocol I on Non Detectable Fragments - 1980


Protocol II on Prohibitions or Restrictions
on the Use of Mines, Booby-
Traps and Other Devices - 1980
Amended Protocol II on Prohibitions or Restrictions
on the Use of Mines, Booby-
Traps and Other Devices - 1996
Protocol III on Prohibitions or Restrictions
on the Use of Incendiary
Weapons - 1980
Protocol IV on Blinding Laser Weapons - 1995

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.

iv
Issue 5.0: Feb 05
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:

a. Ordinance for the Government of the Army issued by King Richard II of


England in 1386 prohibited acts of violence against women and unarmed
priests, the burning of houses and the desecration of churches and other
sacred objects.

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.

6. Religion, chivalry, disciplinary orders, agreements between belligerents and a spirit


of "do as you would be done by" began slowly to introduce more humane behaviour
which gradually developed into usages. These usages, through custom and treaties,
became legal rules.

1-1
Issue 5.0: Feb 05
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.

1-2
Issue 5.0: Feb 05
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.

14. There is no worldwide legislative forum which passes laws. Consequently


international law makes use of the customs and practices of States, which have
evolved over time, as well as bilateral and multilateral treaties and conventions into
which various States of the world have entered.

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:

a. Under a United Nations mandate, or,

b. Individual or collective self-defence when an armed attack occurs.

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).

1-3
Issue 5.0: Feb 05
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.

Rules of Engagement (ROE)

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.

1-4
Issue 5.0: Feb 05
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.

The Application of the Law of Armed Conflict

2. Because of the consistent failure of countries to acknowledge the existence of a


state of war, the term "armed conflict" has been adopted in contemporary treaties to
ensure that the terms are applicable even where one party does not recognise a
state of war. Thus the law of armed conflict will apply in the following circumstances:

a. A declared war or any other armed conflict between two or more States; or,

b. Occupation of the territory of one State by another; 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.

3. Given such a situation the law that applies is as follows:

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:-

a. Military Necessity. Military necessity allows the use of necessary lawful


force during an armed conflict to make the enemy submit. This does not
mean that there are no limitations on methods and means of warfare. Military

2-1
Issue 5.0: Feb 05
necessity is not an excuse for inhumane conduct nor for any activity
prohibited by the law.

b. Humanity. Basic humanity prohibits the infliction of personal suffering or


destruction of property which is not necessary for compelling the submission
of enemy forces. For this reason, attacks directed solely against civilians are
prohibited. This protection cannot prevent incidental civilian casualties
although steps have to be taken to reduce these as much as possible.

c. Proportionality. The principle features of proportionality are set out in para


9d of Chapter 4 of this Guide.

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.

2-2
Issue 5.0: Feb 05
CHAPTER 3 - THE STATUS OF INDIVIDUALS

Combatants

1. A combatant is one who is permitted by the law of armed conflict to take


a direct part in an armed conflict on behalf of a belligerent State.
Combatant status is very closely related to entitlement to PW Status, see
Chapter 7. The following are entitled to combatant status:

a. Members of the organised armed forces1, even if they belong to a


government or authority not recognised by the adversary, if those
forces:

(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

(2) are subject to an internal disciplinary system which


enforces compliance with the law of armed conflict.

b. Members of any other militias, volunteer corps or organised


resistance movements if:-

(1) they are commanded by a person responsible for his GC III:4A(2)


subordinates; and HR 1

(2) they are subject to a system of internal discipline; and

(3) they have a fixed distinctive sign, recognisable at a


distance; and

(4) they carry their arms openly; and

(5) they comply with the law of armed conflict.

c. Members of a "levee en masse", that is civilians who GC III:4A(6)


spontaneously take up arms to repel an invasion without having HR 2
had the time to form themselves into organised resistance
movements or as parts of the armed forces, if:

(1) they carry their arms openly; and

(2) they comply with the law of armed conflict.

Guerillas

2. All combatants are required to distinguish themselves from the civilian


population, usually by wearing uniform. However, where because of

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.

3-1
Issue 5.0: Feb 05
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.

4. 'Deployment' in this context means any movement towards the place


from which the attack is to be launched.

Spies

5. Spies are persons who, acting clandestinely or on false pretences, HR 29


gather information in the territory of a belligerent with intent to
communicate it to the enemy. Those captured while engaged in
espionage do not have PW status but may not be punished without trial.
If members of the armed forces gather intelligence in occupied territory HR 30
they may not be treated as liable to be tried for acts of espionage Prot I 46
provided that they are in uniform. Even if not in uniform, members of the
armed forces who were involved in spying cease to be liable to be tried HR 31
for previous acts of espionage as soon as they return to their own lines.
If subsequently captured they cannot be punished for their previous
spying activities.

Mercenaries

6. Mercenaries are neither combatants nor entitled to PW status. A


mercenary, in simple terms, is a person who is specifically recruited and
who actually takes part in conflict for private gain. He is not a member of
any organised armed forces and has no connection with the States Prot I 47
involved in the conflict.

Non Combatants with Military Forces

7. Medical personnel and chaplains have a special status. They are


protected from attack under the Geneva Conventions (as are medical
facilities and medical transport). Their protected status must not be used
as a shield for military operations, nor may they take part in hostilities.
For their position on capture see Chapter 6, paras 10 and 16.

8. Civilians accompanying the armed forces such as war correspondents,


supply contractors and members of labour units or of welfare services
are not combatants. They must have an authority from the armed forces
which they accompany and be issued with an appropriate ID card. They
may not take part in hostilities. For their position on capture see Chapter
7 para 4b.

3-2
Issue 5.0: Feb 05
Civilians

9. Civilians are all persons other than those defined in paragraphs 1 to 7


above. Civilians are protected from attack under the law of armed
conflict. They lose their protection when they take a direct part in
hostilities.

3-3
Issue 5.0: Feb 05
CHAPTER 4 - THE RULES OF COMBAT

Protection of Combatants

1. It is forbidden:

a. to kill, wound or capture an enemy by treachery. This means


tricking an enemy into believing that he is entitled to, or required HR 23
to give, protection under international law, with intent to betray Prot I:37
that confidence. The feigning of an intent to surrender or feigning
non-combatant status are examples of treachery. Ruses of war,
however, are permitted. They are acts intended to mislead an
enemy but not inviting his confidence. They include the use of
camouflage, decoys, mock operations and misinformation.

b. to kill or wound someone who is 'hors de combat', having laid


down his arms, or who no longer has any means of defence. Prot I:41
Those who have surrendered must be treated as PW (see
Chapter 7) and there are special rules for the protection of enemy
wounded and sick (see Chapter 6). This rule prohibits shooting at GC II 12
persons who are escaping from disabled aircraft. On the other Prot I 8
hand, members of hostile airborne forces descending by
parachute are legitimate military targets.

c. to declare that no quarter will be given. Prot I:40

d. to make improper use of a flag of truce, protected emblems such Prot I 38


as the Red Cross or Red Crescent or the emblem of the United Prot I:39
Nations. In addition, it is forbidden to make any use of the flags,
emblems and uniforms of States not parties to the conflict or of
the enemy while engaging in attacks or in order to shield, favour,
protect or impede military operations.

e. to use a variety of specified weapon systems which include


expanding bullets, poison or poisoned weapons and anti-
personnel landmines.

Protection of Civilians

2. In the protection of civilians the following definitions apply:

a. "Attack" is any act of violence against an adversary whether in


offence or defence, whether on one's own or foreign territory and Prot I 49
directed at targets on land, whether from the land, sea or air.

b. "Military objectives" are:

(1) objects which by their nature, location, purpose or use Prot I 52


make an effective contribution to military action and whose
total or partial destruction, capture or neutralization in the

4-1
Issue 5.0: Feb 05
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

(2) specified areas of land which either have military


significance such as hills, defiles or bridgeheads or which
contain military objects.

c. "Civilian objects" are all objects which are not military objectives.

3. Military operations may only be directed against military objectives. Prot I 51


Everything feasible must be done to verify that the target is a military 52
objective. 57

4. In the choice of weapons or methods of combat, care must be taken to Prot I 51


avoid or minimise incidental loss or damage to civilians or civilian 52
objects. If the resulting loss or damage would be excessive in relation to 57
the concrete and direct military advantage expected, the operation must
be cancelled, suspended or re-planned.

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).

7. Family and private honour as well as religious convictions and practice GC IV 27


are to be respected.

Prohibitions

8. It is forbidden:

a. to attack the civilian population, individual civilians or civilian Prot I 51


objects as a deliberate method of warfare. 52

4-2
Issue 5.0: Feb 05
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.

c. to attack or bombard undefended towns, villages, dwellings or HR 25


buildings.

d. to commit pillage, even if the town or place concerned is taken by HR 28


assault.

e. to carry out reprisals against protected persons or property (see


paragraphs 12-15).

f. to starve civilians as a method of warfare. Prot I 54(1)

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.

h. to use methods of warfare which are specifically intended or may Prot I 55


be expected to cause widespread, long-term and severe damage
to the natural environment. This rule does not necessarily prohibit
the use of nuclear weapons against military objectives.

i. to attack dykes, nuclear power stations or dams if to do so would Prot I 56


cause the release of dangerous forces and consequent excessive
losses among the civilian population, unless they are used in
regular direct support of military operations and the attack is the
only feasible way to terminate such support.

j. to carry out indiscriminate attacks. These are attacks which are


not directed at a military objective and which are likely to strike at
military objectives and civilian objects without distinction. Area Prot I 51
bombardment is an example of an indiscriminate attack. In
considering whether an attack is indiscriminate the attack as a
whole should be looked at, not merely parts of the attack, and
commanders must necessarily make their decisions on the basis
of the information reasonably available to them.

Precautions in Attack

9.1 The military commander is required to: Prot I 57

a. when planning and conducting operations always take into


account the effect they will have on the civilian population and
civilian objects, including the environment.

1. Adapted from A P V Rogers, Law on the Battlefield, MUP, 1996, by permission of Manchester
University Press.

4-3
Issue 5.0: Feb 05
b. do everything feasible to verify that the target is a military
objective.

c. take all feasible precautions to reduce incidental damage and


loss. This will involve a careful choice of weapons as well as care
in preparing the plans for carrying out the attack.

d. observe the rule of proportionality. This requires a calculation of


the likely casualties, both military and civilian, and damage
compared with the expected military advantage. It does not
include matters over which the attacker has no control such as
the effect of enemy action. Obviously, factors such as air
supremacy or the availability of smart weapons will weigh heavily
in favour of taking precautions to protect the civilian population.
The military commander is required to refrain from launching the
attack if the incidental damage will be disproportionate to the
military advantage to be gained.

e. be ready to cancel or suspend an attack, if necessary. This also


involves weighing military against humanitarian considerations.

f. give warnings, unless the circumstances do not permit.

g. consider carefully his choice of targets in terms of what offers the


best military advantage with the least incidental loss or damage.

h. ensure that target lists are kept constantly under review in the
light of changing circumstances.

Protection of Property

10. It is forbidden to destroy or seize enemy property unless it is militarily HR 23


necessary to do so.

11. In sieges, bombardments or attacks precautions must be taken to spare, HR 27


as far as possible, buildings dedicated to religion, art, science or Prot I 53
charitable purpose, historic monuments, important works of art, hospitals HCP 4(1)
and places where sick and wounded are collected, provided that they
are not being used for military purposes. Buildings of this sort should be
distinctively marked, clearly identifying them as places to be spared. If a
cathedral, hospital, museum or similar building is used for some military
purpose then it may become a legitimate military target and there may
be no alternative but to destroy it.

4-4
Issue 5.0: Feb 05
Reprisals

12. Under customary law reprisals2 are permitted in limited circumstances to


counter unlawful acts of warfare. They can only be taken if:

a. they are intended to secure legitimate warfare; and

b. prior warning is given; and

c. they are in proportion to the violation complained of; and

d. they cease when the violation complained of ceases; and

e. they are ordered at a high level.

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.

14. The Geneva Conventions and Protocol I prohibit reprisals against GC I 46


prisoners of war; the wounded, sick and shipwrecked; medical and GC II 47
religious personnel, buildings and equipment; enemy civilians in territory GC III 13
controlled by a belligerent; other civilians; cultural objects; objects GC IV 33
indispensable for the survival of the civilian population; the natural Prot I 51(6)
environment; and works containing dangerous forces. Prot I 52(1)
Prot I 53(c)
Prot I 54(4)
Prot I 55(2)
Prot I 56(4)
HCP 4(4)

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.

Non-Hostile Relations with the Enemy

16. It is within the legal competence of a military officer, where appropriate, GC I 15


to arrange a temporary cease-fire for a specific and limited purpose, for
example to permit the collection or evacuation of the wounded. Any
such action should be reported to higher authority. Absolute good faith
is required in all such dealings with the enemy. Any other type of cease-
fire or armistice could have far-reaching political or military
consequences and needs the prior approval of the appropriate higher
authority.

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.

4-5
Issue 5.0: Feb 05
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.

4-6
Issue 5.0: Feb 05
CHAPTER 5 - USE OF WEAPONS AND AMMUNITION

General

1. The Law of Armed Conflict deals with weapons in two categories:

a. Prohibitions on the use of weapons deemed to be unlawful.

b. Restrictions on the use of certain lawful weapons.

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.

3. In a major or extended conflict, Service personnel may be called upon to


use captured enemy weapons. Whilst this is not illegal in itself, prior
approval should be obtained if the captured weapon is not currently in
the Army inventory. In a life threatening situation, Service personnel
should not hesitate to use whatever enemy weapon is available,
provided that it is not obviously unlawful.

Prohibited Weapons

4. For UK forces the following are prohibited in international armed conflict:

a. explosive or inflammable bullets below 400 grammes for use St P Decl


against persons

b. dum-dum bullets; (expanding bullets) Hague Decl

c. poison or poisoned weapons1 HR 23(a)

d. arms, projectiles or material calculated/of a nature to cause HR 23e


excessive injury or suffering1 Prot I 35(2)

e. chemical weapons1 CWC

f. bacteriological weapons1 BWC

g. weapons, the primary effect of which is to injure by fragments UNWC Prot


which in the human body escape detection by X-rays1 I

h. laser weapons specifically designed to cause permanent UNWC Prot


blindness1 IV

1. These are banned at all times including internal conflict.

5-1
Issue 5.0: Feb 05
i. Anti-Personnel Land mines (APL). 2 OC

5. Apart from general restrictions on the use of weapons such as in


targeting restrictions, certain weapons and weapons systems are subject
to specific restrictions. These include:

a. Mines and booby traps and other devices. (See para 4i for UNWC Prot
provisions on APL). II

b. Incendiary weapons. UNWC Prot


III
6. Guidance on these weapons will be contained in The Law of Armed
Conflict (JSP 383) and advice about their use can be obtained from ALS.

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)

5-2
Issue 5.0: Feb 05
CHAPTER 6 - WOUNDED, SICK,
MEDICAL PERSONNEL AND CHAPLAINS

General

1. The rules are contained in the First Geneva Convention of 1949 as


revised by Protocol I and cover the wounded and sick; medical units;
medical personnel; buildings, materiel and transport used for medical
purposes; chaplains; the Red Cross/Crescent emblem; implementation
of the Convention and suppression of violations.

2. The Second Geneva Convention of 1949 gives much the same


protection for the wounded, sick and shipwrecked at sea as that
provided for sick and wounded members of armed forces in the field
under the First Convention.

Wounded and Sick on Land

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.

6. Provision is made for the handling of the dead. Cremation is allowed GC I 17


only on religious grounds or for imperative reasons of hygiene.

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.

8. Captured enemy wounded and sick combatants are PW but are GC I 14


evacuated initially through medical channels.

6-1
Issue 5.0: Feb 05
Medical Units, Personnel and Resources

9. Medical Units. Protection from attack is given to fixed and mobile GC I 19


medical units and to medical transport eg ambulances. They must not 21
take direct part in hostilities and, if they do, it may result in protection
being forfeited. Medical units can be military or civilian and include Prot I 8
medical depots and pharmaceutical stores as well as hospitals and
treatment centres.

10. Medical Personnel. They are to be respected, protected and not


attacked. The following additional points should be noted: GC I 24-32

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.

b. Military medical personnel who are captured are not prisoners of GC I 28


war. They may be "retained" for the sole purpose of providing
medical care for PW of their own forces. While detained they are
entitled to the protection of the PW Convention. They have direct
access to the camp authorities and must be allowed access to
PW in outside detachments.

c. Military personnel who may have medical duties to perform on a GC I 25


temporary basis, eg regimental stretcher bearers, may not be
attacked while performing medical duties. On capture they GC I 29
become PW but are to be employed on medical duties insofar as
the need arises.

11. The Use of Enemy Medical Resources. Medical material which is GC I 33


captured from medical units is to be reserved for the care of wounded
and sick. Buildings, material and stores must be used for medical
purposes unless urgently required for military purposes and alternative
arrangements are made for treatment of the wounded and sick.
Materials and stores of mobile and fixed medical units are not to be
intentionally destroyed. Civilian medical resources may not be
requisitioned so long as they are needed for the treatment of the civilian Prot I 14
population.

12. Air Medical Transport. In addition to wheeled or tracked transport, GC I 36


helicopters are increasingly used for the evacuation of the wounded.
Medical aircraft are protected in the same way as other medical
transports, but, having regard to the range of anti-aircraft missiles, the
problems of identification are greater. Overflight of enemy-held territory
without prior agreement will mean loss of protection. Medical aircraft
must obey summonses for inspection. Protocol I contains detailed new
rules on medical aircraft and provides for light and radio recognition Prot I 24-31
signals.

6-2
Issue 5.0: Feb 05
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.

Wounded, Sick and Shipwrecked at Sea

14. Shipwrecked Vessels. "Shipwrecked" means shipwrecked from any GC II 12


cause and includes forced landings at sea by or from aircraft.
Shipwrecked persons may not be made the object of attack.
Combatants are required to search for and collect the shipwrecked,
wounded and sick and to ensure their adequate care. In appropriate GC II 18
local circumstances, arrangements should be made for the evacuation
by sea of the wounded and sick and for the passage of medical and
religious personnel and equipment especially from besieged areas.

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.

6-3
Issue 5.0: Feb 05
CHAPTER 7 - PRISONERS OF WAR (PW)

Introduction

1. The Third Geneva Convention of 1949 is to some extent a restatement


of the basic principles of international law relating to PW. Its provisions
are to be read with those of the other three Conventions of 1949. There
are 143 Articles in the Convention together with 5 annexes including a
model agreement for repatriation of wounded and sick PW.

2. The fundamental principle underlying the treatment of PW is that they


are war victims, not criminals, and are entitled to humane and decent
treatment throughout their captivity. Once combatants have surrendered
they must not be attacked but should be handed over without undue
delay to appropriate PW processing authorities.

Prisoner of War Status

3. PW status starts at the moment of capture and continues until final


release and repatriation.

4. Only the following are entitled, as of right, to PW status: Prot I 44


GC III 4A
a. Those having combatant status, see Chapter 3.

b. Civilians who accompany the armed forces, such as war


correspondents and welfare personnel, provided that they are
duly authorised.

c. Merchant sailors and crews of civil aircraft - provided that they do


not qualify for more favourable treatment under other provisions
of international law.

5. The following are entitled to be treated as PW:

a. Persons belonging or who have belonged to the armed forces of GC III 4B


the occupied territory if the occupying power considers it
necessary by reason of their allegiance to intern them.

b. Persons in one of these categories who have been received by a


neutral or non-belligerent power and who are required to be
interned under international law.

6. If there is doubt about the status of a captured person, he should be GC III 5


treated as a PW until his status has been determined by an appropriate Prot I 45
tribunal.

7-1
Issue 5.0: Feb 05
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

11. There must be no adverse discrimination on account of race, nationality, GC III 16


religious belief or political opinions or any other distinction founded on
similar criteria.

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.

13. PW should be searched, disarmed and their weapons and ammunition


together with other military equipment should be removed (but see para
14).

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.

7-2
Issue 5.0: Feb 05
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

19. Some of the most important rules on internment are:

a. PW camps must be located on land, not in prison ships, and GC III 22


afford every guarantee of hygiene and health.

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.

c. The accommodation which is provided for PW shall be of a similar GC III 25


standard to that for the forces of the Detaining Power who are
billeted in the same area. In camps where there are women PWs
as well as men, they should be accommodated in separate
dormitories.

d. Food sufficient in quantity, quality and variety to keep prisoners of GC III 26


war in good health must be provided and account should be taken
of the habitual diet of the prisoners. Food must not be restricted
as a form of collective punishment.

e. PW must be provided with adequate clothing including footwear GC III 27


and working clothes.

f. PW must be allowed to send a capture card to the protecting GC III 70


power and to their next of kin immediately upon capture, or not
more than one week after arrival at a PW camp. The Convention
contains detailed rules about further correspondence.

Medical and Religious Facilities

20. The Convention makes a number of provisions in relation to medical and


religious facilities including:

a. Every PW camp must be equipped with adequate medical GC III 30


facilities. If possible, prisoners should be treated by medical
personnel of their own nationality or forces.

b. Medical inspections of PW must be carried out at least once a GC III 31


month.

c. PW who are medically qualified, though not attached to the GC III 32


medical services of their armed forces, may be required to attend
to prisoners.

7-3
Issue 5.0: Feb 05
d. Prisoners must be allowed freedom in the exercise of their GC III 34
religious beliefs. Accommodation must be provided for religious
services.

e. Chaplains who are captured must be allowed to minister to PW GC III 35


and to perform their religious duties.

Work

21. The Convention provides that:

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;

(2) industry involving production of raw materials and


manufacturing, excluding metallurgical, machinery and
chemical industries;

(3) public works and building operations which have no military


character or purpose;

(4) transport and handling of stores which are not military in


character or purpose;

(5) commercial business and arts and crafts;

(6) domestic service;

(7) public services having no military character or purpose.

c. PW may not be required to do work that is unhealthy or GC III 52


dangerous (eg clearing mines) unless they are genuine
volunteers.

Discipline

22. Amongst the provisions in the Convention dealing with discipline are the
following:

a. All PW must salute the PW camp commandant. Soldiers salute GC III 39


officers of the Detaining Power. Officers salute officers of the
Detaining Power of higher rank.

7-4
Issue 5.0: Feb 05
b. PW are subject to the same disciplinary provisions as are the GC III 82
soldiers of the Detaining Power.

c. Disciplinary punishment may only be ordered by the PW camp GC III 96


commandant or an officer to whom he has delegated his power.

d. The disciplinary punishments which may be imposed on PW GC III 89


include a fine of up to 50% of advances of pay, loss of privileges, 90
2 hours of daily fatigues (not applicable to officers) and
confinement. In no case may disciplinary punishment be
inhumane, brutal or dangerous to health, nor may the duration
exceed 30 days.

e. Where trial of a PW by court-martial is contemplated, the GC III 104


Protecting Power must be notified of all particulars at least 3
weeks before the opening of the trial.

f. No PW may be tried or sentenced for an act which is not GC III 99


forbidden by the law of the Detaining Power or by international
law in force when the act in question was committed.

g. No PW may be convicted by court-martial without having had an GC III 99


opportunity to present his defence and the assistance of a
qualified advocate or counsel.

The Protecting 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.

7-5
Issue 5.0: Feb 05
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.

7-6
Issue 5.0: Feb 05
CHAPTER 8 - PROTECTION OF CIVILIANS IN ENEMY HANDS

Introduction

1. The Fourth Geneva Convention of 1949 was a significant development


in the law of armed conflict. Although the Hague Rules contained some
provisions relating to occupied territory, there were before 1949 no
detailed rules protecting civilians who were in the hands of a belligerent
state of which they were not nationals. The 1949 Civilian Convention
gives them protection.

General Provisions

2. Safety Zones. Safety zones may be set up to contain hospitals, GC IV 14


shelters for the wounded and sick, the old and infirm, children under 15
years of age, expectant mothers and mothers with children under 7
years of age. See also Chapter 4, para 17.

3. Evacuation. A local cease-fire may be arranged for the removal from GC IV 17


besieged or encircled areas of the wounded and sick, children, old
persons and maternity cases. See also Chapter 4 para 6.

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

5. Free Passage of Relief Supplies. The free passage of medical and GC IV 23


hospital stores and objects for religious worship intended for civilians is Prot I 71
guaranteed as well as essential food and clothes for children, expectant
mothers and maternity cases.

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.

7. Family News. The parties to a conflict are to facilitate members of GC IV 25,


families to keep in touch with one another and if possible facilitate 26
reuniting families. Prot I 74

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.

9. An obligation is imposed on belligerents to deal humanely with protected GC IV 27-


persons. Violence, torture, biological experiments, pillage, intimidation 34
or coercion to obtain information, the imposition of corporal or collective

8-1
Issue 5.0: Feb 05
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.

The Treatment of Enemy Aliens

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.

8-2
Issue 5.0: Feb 05
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

c. The order was not manifestly unlawful.

2. Orders to commit genocide or crimes against humanity are manifestly unlawful.

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.

9-1
Issue 5.0: Feb 05
CHAPTER 10 - INTERNAL ARMED CONFLICT

1. International law makes a clear distinction as to the rules applicable in


international armed conflicts and those applicable in internal armed
conflicts, though some fundamental principles apply to both.
Sometimes, it is not at all clear whether the armed conflict is
international or internal. It has been said of the conflict in the Former
Republic of Yugoslavia after 1991 that it consisted of a complicated
series of internal and international armed conflicts. Advice on the status
of the conflict should be sought from ALS.

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.

3. In the event of an armed conflict not of an international character (ie a


civil war or other internal armed conflict), Common Article 3 to the 1949
Geneva conventions will apply to the parties. This provides:

a. Persons taking no active part in the hostilities, including members


of armed forces who have laid down their arms and those placed
'hors de combat' by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without
any adverse distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria. To this end, the
following acts are and shall remain prohibited at any time and in
any place whatsoever with respect to the above-mentioned
persons:

(1) violence to life and person, in particular murder of all kinds,


mutilation, cruel treatment and torture;

(2) taking of hostages;

(3) outrages upon personal dignity, in particular, humiliating


and degrading treatment;

(4) the passing of sentences and the carrying out of


executions without previous judgment pronounced by a
regularly constituted court affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.

b. The wounded and sick shall be collected and cared for.

c. Humanitarian organisations such as the ICRC may offer their


services, and the parties to the conflict are encouraged to agree
to a wider application of the Geneva Conventions.

10 - 1
Issue 5.0: Feb 05
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.

5. There is a growing trend to bring together the laws relating to


international and non-international armed conflict, thus extending the
scope of the laws relating to the latter. If in doubt, Service personnel
should always apply the higher standard of behaviour.

6. These rules are similar to those contained in the United Nations


international covenants and conventions on human rights which will
continue to apply during the armed conflict (subject to any derogation -
about which ALS advice should be sought).

10 - 2
Issue 5.0: Feb 05
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:

a. The terms of the UN Security Council resolution or other mandate.

b. The right of self-defence under international law.

c. The law of armed conflict (if applicable).

d. The terms of the peace or ceasefire agreement to be implemented.

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).

f. Military Law including English criminal law.

4. Compliance with any Rules of Engagement (as agreed by the UK Authorities) should
ensure that all use of force is lawful.

11 - 1
Issue 5.0: Feb 05
ANNEX A
PROTECTIVE EMBLEMS

or Red Cross/Red Crescent

Red Cross Personnel

Hospital and Safety Zones

PG PW Prisoner of War Camp

IC Internment Camp

Distinctive Sign of Civil Defence

Distinctive Emblem of Cultural


Property

Special Distinctive Sign

Works Containing Dangerous


Forces

Flag of Truce

A-1
Issue 5.0: Feb 05
ANNEX B

AN AIDE MEMOIRE FOR USE IN ARMED CONFLICT

1. Fight only enemy combatants and attack only military objectives.

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.

5. Do not torture, kill or abuse prisoners of war.

6. Treat all civilians humanely.

7. Respect civilian property - looting is prohibited.

8. Respect all cultural objects and places of worship.

9. Respect all persons and objects bearing the Red Cross, Red Crescent and other
recognized symbols of humanitarian agencies.

10. Do not alter your weapons or ammunition to increase suffering.

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.

These rules are based on [Annexes A and B] Army Code 71130,


A Soldier's Guide to the Law of Armed Conflict

B-1
Issue 5.0: Feb 05
ANNEX C

AN AIDE MEMOIRE FOR USE IN PEACE SUPPORT OPERATIONS

Use of Force

1. Engage only those objectives permitted in your Rules of Engagement (ROE).

2. To achieve any military objective, use only the necessary force that causes the least
amount of collateral damage and is within your ROE.

3. Do not alter your weapons or ammunition to increase suffering.

Self-Defence

3. You have the right to use force (including authorised weapons as necessary) in self
defence.

5. Use only the minimum force necessary to defend yourself.

General Rules

6. Hostile forces/belligerents who want to surrender will not be harmed. Disarm them
and turn them over to your superiors.

7. Treat everyone, including civilians and detained hostile forces/belligerents,


humanely.

8. Collect and care for the wounded, whether friend or foe.

9. Respect private property. Do not steal. Do not take "war trophies".

10. Prevent and report all suspected violations of the Law of Armed Conflict to superiors.

11. Respect all cultural objects and places of worship.

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.

C-1
Issue 5.0: Feb 05

You might also like