Law of War

That part of international law that regulates the conduct of hostilities. It is also referred to as the Law of Armed Conflict (LOAC).

True. The Law of War overlaps with International Humanitarian Law, Human Rights Law, and other bodies of international law.

Human Rights Law primarily deals with the relationship between a state and individuals in its jurisdiction, protecting individual rights against government abuses. The Law of War regulates the conduct of hostilities between parties in armed conflict.

True. The Law of War serves as the lex specialis (the specialized law that controls) for U.S. armed forces during armed conflict, taking precedence over general Human Rights Law in that context.

Military Necessity, Distinction, Proportionality, Humanity (Unnecessary Suffering), and Honor. All five are core principles of the Law of War.

Humanity. The principle of Humanity forbids the infliction of suffering, injury, or destruction not necessary for accomplishing a legitimate military purpose.

It encourages combatants to refrain from taking advantage of the adversary's adherence to the Law of War and to act in good faith in non-hostile relations. It prohibits treachery and perfidy.

(a) It justifies the use of overwhelming force but not wanton destruction, and (b) It does not justify prohibited actions. Military Necessity never authorizes actions prohibited by the Law of War.

It requires parties to a conflict to distinguish at all times between combatants and civilians, and between military objectives and civilian objects. Attacks may only be directed against combatants and military objectives.

It prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated.

Displaying a white flag of truce while attacking the enemy, and fighting in the enemy's uniform. Perfidy involves acts that invite the confidence of the adversary by feigning protected status with intent to betray that confidence.

Perfidy is feigning protected status (e.g., Red Cross emblem, white flag, civilian status) with intent to kill or injure, and is prohibited. Ruses of war are legitimate deceptions (camouflage, decoys, feints, ambushes) that do not abuse protected status.

(a) Using civilians to shield or make a military object immune from attack, and (b) Using civilians to shield one's military operations from the enemy. Using human shields is a war crime.

Military personnel exclusively assigned to and engaged in medical or chaplain duties. They are protected under the Geneva Conventions and must not be targeted.

Yes. Members of a non-occupied nation who spontaneously take up arms to resist invading forces (levee en masse) are entitled to POW status if captured, provided they carry arms openly and respect the laws of war.

Initial tactical questioning of detainees may be conducted by any DoD personnel. However, interrogations may be conducted only by trained interrogators.

I) Wounded and sick in the field; II) Wounded, sick, and shipwrecked at sea; III) Treatment of prisoners of war; IV) Protection of civilian persons in time of war.

Only name, rank, date of birth, and service number (the 'Big Four'). A POW is not required to provide any other information.

POWs must be treated humanely at all times. They must receive adequate food, water, clothing, shelter, and medical attention. They cannot be tortured, subjected to medical experiments, or exposed to violence, intimidation, or public curiosity.

A competent tribunal convened under Geneva Convention III, Article 5, to determine whether a captured person is entitled to POW status when doubt exists. Until such determination, the person must be treated as a POW.

An object which by its nature, location, purpose, or use makes an effective contribution to military action and whose total or partial destruction, capture, or neutralization offers a definite military advantage.

Civilians lose their protected status when and for such time as they take a direct part in hostilities.

Hors de combat means 'out of the fight.' A person is hors de combat if they are wounded, sick, shipwrecked, have surrendered, or are otherwise incapacitated. They are protected and must not be attacked.

LOAC prohibits 'denial of quarter,' meaning it is unlawful to declare or order that no prisoners shall be taken. Enemy combatants who clearly indicate intent to surrender must be accepted and treated as POWs.

A violation of the Law of War for which an individual may be held criminally liable. Examples include willful killing of protected persons, torture, taking hostages, directing attacks against civilians, using prohibited weapons, and denying quarter.

Yes. All military personnel have a duty to report known or suspected violations of the Law of War. Failure to report a war crime is itself a violation. Reports should be made through the chain of command or to the Inspector General.

No. Service members have a duty to disobey manifestly unlawful orders. Superior orders may be considered in mitigation of punishment but do not relieve individual criminal responsibility.

Commanders can be held criminally responsible for war crimes committed by subordinates if they knew or should have known that subordinates were committing such acts and failed to take necessary measures to prevent them or punish perpetrators.

Yes, but reprisals are heavily restricted under modern LOAC. They may never be directed against POWs, wounded/sick, civilians in occupied territory, or civilian objects like hospitals and cultural property.

True. Under the Law of War, all parties must collect and care for the wounded and sick without discrimination. Priority of treatment is based solely on medical need.

Directives issued by competent military authority that delineate the circumstances and limitations under which forces will initiate or continue combat engagement with other forces encountered.

No. ROE may limit the use of force in certain circumstances, but they never restrict the inherent right of individual self-defense against an imminent threat of death or serious bodily harm.

CJCSI 3121.01, which provides implementation guidance on the application of force for mission accomplishment and self-defense for all U.S. forces. It serves as the baseline ROE when no supplemental ROE has been issued.

Biological weapons, chemical weapons, blinding laser weapons, poisoned weapons, and expanding (dum-dum) bullets in international armed conflict. Generally, any weapon calculated to cause unnecessary suffering.

Hospitals, medical facilities, religious sites, cultural property (museums, monuments, historical sites), civilian infrastructure not used for military purposes, and designated demilitarized zones, hospital zones, or safety zones.

When it is being used for military purposes (e.g., a mosque used as a fighting position or weapons storage). Even then, a warning must be given with reasonable time before attacking, unless immediate self-defense requires otherwise.

The Red Cross, Red Crescent, and Red Crystal. Misuse of these emblems (perfidy) is a war crime.

When medical personnel or facilities are used to commit hostile acts outside their humanitarian function, such as storing weapons, shielding combatants, or transporting ammunition. A warning must be given before attacking.

Parties to a conflict must take constant care to spare civilians and civilian objects. Feasible precautions include verifying targets, choosing means of attack to minimize civilian harm, and issuing effective advance warnings.

1) Verify the target is a military objective, 2) Assess potential collateral damage (proportionality), 3) Take feasible precautions to reduce civilian harm, 4) Select weapons to minimize collateral damage, 5) Cancel or suspend if target is not military or damage would be excessive.

Incidental damage to civilian persons or objects that is not the intended target of an attack. It is not per se unlawful, but it is prohibited if it would be excessive in relation to the concrete and direct military advantage anticipated.

An IAC occurs between two or more states (nations). A NIAC occurs between a state and an organized non-state armed group, or between such groups within a state.

It appears in all four Geneva Conventions and provides minimum humanitarian protections in non-international armed conflicts. It prohibits violence, torture, cruel treatment, hostage-taking, humiliating treatment, and execution without proper judicial proceedings.

1) Commanded by a person responsible for subordinates, 2) Have a fixed distinctive sign recognizable at a distance, 3) Carry arms openly, 4) Conduct operations in accordance with the laws and customs of war.

Lawful combatants cannot be prosecuted for lawful acts of war. A soldier who kills an enemy combatant in battle is not guilty of murder. This privilege does not protect combatants who commit war crimes.

A person who engages in hostilities without meeting the requirements for lawful combatant status (e.g., terrorists, spies, mercenaries). They do not receive combatant immunity or automatic POW status and may be prosecuted for their belligerent acts.

In cases not covered by specific treaty provisions, civilians and combatants remain under the protection of principles of international law derived from established custom, principles of humanity, and the dictates of public conscience.

DoD Manual 5.11.2 — the Department of Defense's comprehensive reference on the law of war. It provides legal guidance for DoD personnel on the conduct of armed conflict.

The prohibited practice of using protected persons (civilians, POWs) to shield military objectives from attack. Using human shields is a war crime. Their presence does not make a lawful military target immune from attack, but proportionality must still be assessed.

Torture is absolutely prohibited under all circumstances, including armed conflict. Any act intentionally inflicting severe physical or mental pain for purposes such as obtaining information, punishment, or coercion constitutes a war crime.

Judge Advocates serve as legal advisors on the Law of War in military operations. They review targets for LOAC compliance, advise commanders on proportionality and distinction, participate in targeting boards, and review ROE.

An occupying power must maintain public order and safety, respect existing laws, not compel the population to serve in its military, not deport or transfer protected persons, and ensure adequate food and medical supplies for the civilian population.

Starvation of civilians as a method of warfare is prohibited. Besieging forces must allow passage of essential supplies (food, medicine) for the civilian population.

The UCMJ incorporates Law of War obligations. Service members who violate the Law of War may be prosecuted under the UCMJ. Article 134 specifically makes violations of the Law of War punishable.

A list identifying objects that must not be struck due to legal, policy, or operational considerations. It typically includes hospitals, religious sites, cultural monuments, diplomatic facilities, and infrastructure critical to civilian survival.

An object serving both civilian and military purposes (e.g., a bridge used by civilians and military). It may qualify as a military objective, but the principles of proportionality and precaution still apply.