The Manual of the Law of Armed Conflict

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ISBN: 9780199244546 | 0199244545
Cover: Hardcover
Copyright: 9/9/2004

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This book is the first ever full-scale joint-services (army, air force and navy) official UK military manual on the international law of armed conflict. Prepared by the legal sections of the British armed forces in consultation with leading international academics and practitioners this manual pays specific attention to the perspectives and experiences of the armed forces, whilst maintaining the highest scholarly standards.

Table of Cases

xiii

Tables of Legislation

xvii

Abbreviations

liii

Historical and General Background

(20)

International Law

Nature and Scope of International Law

Use of Force in International Relations

Law of Armed Conflict

Introduction to the Law of Armed Conflict

Purpose and Scope of the Law of Armed Conflict

Sources of the Law of Armed Conflict

History of the Law of Armed Conflict

Early History of the Law of Armed Conflict

Modern History of the Law of Armed Conflict

Neutrality

Introduction

Basic Principles

Basic Principles of the Law of Armed Conflict

(6)

Introduction

Military Necessity

Humanity

Distinction

Proportionality

The Applicability of the Law of Armed Conflict

(10)

When the Law of Armed Conflict Applies

Armed Conflicts Between States

Article 1(4) of Additional Protocol I

Internal Armed Conflicts

The Beginning and End of Application

Universal Application of the Law of Armed Conflict

Legal Status of Parties to the Conflict

The Armed Forces of the Belligerents

(14)

Combatants and Non-combatants

Definition of Combatant

The Armed Forces

The Duty of Combatants to Distinguish Themselves from the Civilian Population

Special Cases

Determination of Status

The Conduct of Hostilities

(50)

Introduction

Basic Principles and Rules

The Law of Armed Conflict and Rules of Engagement Distinguished

Civilian Immunity

Military Objectives

Conduct of Military Operations Against Enemy Armed Forces

Quarter

Safeguard of Persons hors de combat

Occupants of Aircraft and Vehicles

Unusual Conditions of Combat

Perfidy

Recognized Emblems

Uniforms

Snipers

Assassination

Outlawry

Intelligence Gathering

Sabotage

Ruses of War

Reprisals

Attacking Food and Water used by Members of the Enemy Armed Forces

Prohibited Methods of Warfare

Definition of `Attacks'

Terror Attacks

Civilians not to be used as Shields

Indiscriminate Attacks Prohibited

Immunity of Civilian Objects

Protection of Cultural Objects and Places of Worship

Cultural Property Convention

Starvation; Objects Indispensable to Survival

Prohibition of Environmental Manipulation

Environmental Protection

Works and Installations Containing Dangerous Forces

Localities and Zones under Special Protection

Precautions in Attack

The rule of Proportionality

Sieges and Encircled Areas

Pillage

Precautions Against the Effects of Attacks

Precautions to be Taken

Undefended Localities

Non-defended Localities

Demilitarized Zones

Neutralized Zones

Hospital and Safety Zones

Civil Defence

Protection

Definitions

Identification

Distinctive Sign

Cessation of Protection

Members of Armed Forces, and Military Units, Assigned to Civil Defence Organizations

Civilian Civil Defence Organizations of Third Parties

Weapons

101

(20)

General Provisions

Guiding Principle

Application of the Guiding Principle

Weapons and the Environment

Indiscriminate Weapons

Specific Weapons

Bacteriological or Biological Weapons

Bayonets, Swords

Booby-traps

Chemical Weapons

Dum-dum Bullets

Explosive or Incendiary Bullets

Fragmentation Weapons

Incendiary Weapons

Landmines

Laser Weapons

Other Devices

Nuclear Weapons

Non-lethal Weapons

Poison

Legal Review of New Weapons

Explosive Remnants of War

The Wounded, Sick, and Dead and Medical Services

121

(18)

The Wounded and Sick

Introduction

Definition of the Wounded and Sick

Protection and Care of the Wounded and Sick

Collection of the Wounded and Sick

Permitted Medical Treatment

Right to Refuse Consent

Care of the Wounded and Sick Who have to be Abandoned

Status of the Wounded and Sick Who are Captured

Non-renunciation of Rights

Protection of Medical Personnel, Units, and Transport

Definitions

Protection of Medical Units

General Protection of Medical Duties

Permitted Functions in Medical Units

Occupied Territory

Medical Transport

Identification of Medical Units, Personnel, and Transport

Identification and Status on Capture of Service, Auxiliary, and Civilian Medical Personnel

The Dead

Protection of the Dead

Examination of the Dead

Identity Discs

Personal Effects and Items of Military Equipment Found upon the Dead

Burial

Graves

Exhumation

Tracing the Missing

Prisoners of War

139

(74)

Introduction

Action to be Taken at the Start of Hostilities

Prisoner of War Status

Rules of Entitlement to Prisoner of War Status

Special Cases

Identity Cards

Determination of Status

Duration of Prisoner of War Status

Initial Action on Capture of Prisoners of War

Responsibility for Prisoners of War

Basic Responsibility

Transfer

Treatment of Prisoners of War

Humane Treatment

Prohibited Acts

Free Maintenance

Non-discrimination

Unusual Conditions of Combat

Establishing Identity

Interrogation

Evacuation of Prisoners of War

Internment in Prisoner of War Camps

Internment of Prisoners of War

Location

Segregation

Safety of Prisoner of War Camps

Security of Camps and Use of Weapons

Initial Action on Arrival of Prisoners of War in Camps

Internal Discipline of Camps

Quarters, Food, and Clothing

Hygiene and Medical Matters

Religion

Education and Sport

Correspondence and Relief Parcels

Legal Matters

Financial Matters

Work of Prisoners of War

Claims, Requests, and Complaints

Prisoners' Representative

Transfer of Prisoners of War

Conditions for Transfer

Circumstances Precluding Transfer

Procedure for Transfer

Accounts

Parole of Prisoners of War

Release on Parole

Effect of Parole

Acceptance and Grant of Parole

Breach of Parole

United Kingdom Practice

Escape of Prisoners of War

Punishment for Escape

Successful Escapes

Unsuccessful Escapes

Offences Committed while Escaping

Notification of Escape and Recapture

Punishment of Prisoners of War

Introduction

General Principles

Disciplinary Measures

Judicial Proceedings

Termination of Captivity and Repatriation

Exchange of Prisoners of War During Hostilities

Repatriation or Accommodation in a Neutral State During Hostilities

Belligerent Forces Taking Refuge in Neutral Territory

Prisoners of War Arriving in Neutral Territory

Neutral Territory and the Sick and Wounded

Repatriation After Close of Hostilities

Death of Prisoners of War

Procedure on Termination of Captivity

Information Bureaux and Relief Societies

Information Bureaux

Relief Societies

Protection of Civilians in the Hands of a Party to the Conflict

213

(44)

Introduction

Rules Applicable to All Civilians in the Hands of a Party to the Conflict

Scope of Part B

Basic Standards of Treatment

Prohibited Acts

Arrest, Detention, and Internment

Trial and Punishment

Protection of Women

Protection and Welfare of Children

Family News

Dispersed Families

Free Passage of Relief Supplies

Relief Personnel

Evacuation of Children to Foreign Countries

When Evacuation is Permissible

Education

Documentation

Protected Persons

Definition

Persons not Qualifying for Protected Person Status

Loss of Privileges

Non-renunciation of Rights

Rules for the Treatment of Protected Persons in Both a Party's Own Territory and in Occupied Territory

Humane Treatment

Security Measures

Relief Organizations

Prohibited Acts

Protected Persons who are Aliens in the Territory of a Party to the Conflict

Right to Leave

Conditions of Departure

Persons in Confinement

Treatment of Protected Persons who Remain

Financial Support

Compulsory Employment

Further Restrictions on Protected Persons

Conditions of Internment of Protected Persons

General

Location

Safety of Internees

Grouping of Internees

Maintenance

Initial Action on Arrival of Internees in Camps

Internal Discipline of Camps

Quarters, Food, and Clothing

Medical Matters

Religion

Recreation

Correspondence and Relief Parcels

Legal Matters

Visits

Financial Matters

Work of Internees

Claims, Complaints, and the Internee Committee

Transfer of Internees

Escape of Internees

Escapes

Punishment of Internees

General Principles

Disciplinary Measures

Judicial Proceedings

Deaths

Death of Internees

Termination of Internment

Release, Repatriation, and Accommodation in Neutral Countries

Information Bureaux and Relief Societies

Information Bureaux

Relief Societies

Negotiations Between Belligerents

257

(16)

Introduction

Need for Communication Between Belligerents

Principle of Good Faith

Communication Between Forces

Need for Communication Between Forces

The Parlementaire and Flag of Truce

Armistice, Cease-fire, Capitulation, and Surrender

General Principles

Armistice

Cease-fire; Suspension of Fire

Effect of Armistice

Types of Armistice

Obligations During an Armistice

Coming into Effect and Duration

Area of Armistice

Humanitarian Arrangements

Armistice Terms

Breaches of Armistice Agreement

Capitulation

Surrender

Passports and Safe Conducts

Effect of Passport or Safe Conduct

Safeguards

Cartels

Special Agreements

Occupied Territory

273

(34)

Establishment of Occupation

Introduction

Definition of Occupation

Effectiveness of Occupation

Proclamation of Occupation

Commencement of Occupation

Continuation of Occupation

Termination of Occupation

Applicability of the Law of Armed Conflict

General Effects of Occupation

Temporary Nature of Occupation

Prohibition of Annexation

Constitutional Position

Resistance to Occupation

Before Effective Occupation

After Effective Occupation

Unprivileged Belligerents

Duties of the Population of Occupied Territory

Limits of Legislative Powers of the Occupier

Civic Duty

Rights of Inhabitants

Administration of Occupied Territory

Allegiance

Administration

Officials, Civil Servants, Police, and Judges

The Law

The Economy

Security Measures

Religion

Children and Education

Medical Care and Hygiene

Food and Other Essential Supplies

Relief

Labour

Deportation and Movement of Civilians

Administration of Criminal Law

Enemy Property in Occupied Territory

Destruction Prohibited

Private Property

Public Property

General Devastation

Air Operations

307

(40)

Introduction

Scope of Chapter

General Provisions

Definitions

Regions of Operations

Airspace

Basic Rules and Target Discrimination

Basic Rules

Air Bombardment

Enemy Vessels and Aircraft Exempt from Attack

Other Enemy Vessels and Aircraft

Neutral Merchant Vessels and Civil Aircraft

Precautions Regarding Civil Aircraft

Methods and Means of Warfare

Means of Warfare

Blockade

Maritime Zones

War Zones Restrictions

Deception, Ruses of War, and Perfidy

Air-to-Air Combat

Aircraft in Distress

Airmen in Enemy-held Territory

Measures Short of Attack: Interception, Visit, Search, Diversion, and Capture

Determination of Enemy Character of Vessels and Aircraft

Visit and Search of Merchant Vessels

Interception, Visit, and Search of Civil Aircraft

Capture of Enemy Vessels and Goods

Capture of Enemy Civil Aircraft and Goods

Capture of Neutral Merchant Vessels and Goods

Capture of Neutral Civil Aircraft and Goods

Medical Aircraft

Definitions

Identification

Protection of Medical Aircraft

Restrictions on Use of Medical Aircraft

Notification and Agreements

Landing and Inspection of Medical Aircraft

Maritime Warfare

347

(28)

Introduction

Scope of Chapter

General Provisions

Definitions

Areas of Naval Warfare

Regions of Operations

Neutral Waters

International Straits and Archipelagic Sea Lanes

Exclusive Economic Zone and Continental Shelf

High Seas and Seabed Beyond National Jurisdiction

Basic Rules and Target Discrimination

Basic Rules

Precautions in Attack

Enemy Vessels and Aircraft Exempt from Attack

Other Enemy Vessels and Aircraft

Neutral Merchant Vessels and Civil Aircraft

Methods and Means of Warfare

Means of Warfare

Methods of Warfare

Deception, Ruses of War, and Perfidy

Measures Short of Attack: Interception, Visit, Search, Diversion, and Capture

Determination of Enemy Character of Vessels and Aircraft

Visit and Search of Merchant Vessels

Interception, Visit, and Search of Civil Aircraft

Capture of Enemy Vessels and Goods

Capture of Enemy Civil Aircraft and Goods

Capture of Neutral Merchant Vessels and Goods

Capture of Neutral Civil Aircraft and Goods

Protected Persons, Medical Transports

General Rules

Protected Persons

Medical Transports

Medical Aircraft

The Wounded, Sick, Shipwrecked, and Dead

Application of the Law of Armed Conflict During Peace Support Operations

375

(6)

The Legal Framework for Peace Support Operation Forces

Peace Support Operation Forces Which Become Party to an Armed Conflict

Peace Support Operation Forces Which have not Become Party to an Armed Conflict

Protection Accorded to PSO Forces by the Law of Armed Conflict

Enforcement of the Law of Armed Conflict by PSO Forces

Internal Armed Conflict

381

(28)

Introduction

The Law Applicable

Types of Internal Conflict

All Internal Armed Conflicts

Applicability of Common Article 3

Provisions of Common Article 3

Basic Principles of the Law of Armed Conflict

Additional Rules in Protocol II

Applicability

Contents

Scope

Humane Treatment

Wounded, Sick, and Shipwrecked

Civilian Population

Denunciation

Supplementary Agreements

Enforcement of the Law of Armed Conflict

409

(38)

Introduction

Means of Enforcement

Knowledge, Dissemination, Legal Advisers

Orders and Instructions

Dissemination

Training

Legal Advisers

Complaints, Mediation, Fact-finding

Complaints

Mediation

Role of the UN

International Co-operation

Fact-finding

Independent Supervision

The Protecting Power

International Committee of the Red Cross

Inquiries

Compensation

Reprisals

Nature of Reprisals

Conditions for Reprisal Action

Unlawful Reprisals

War Crimes

Introduction

Grave Breaches and War Crimes

Grave Breaches

War Crimes

Jurisdiction

Criminal Responsibility

Mental Element of War Crimes

Defences to War Crimes Charges

Punishment

Release

Offences in Occupied Territory

APPENDICES: Documents and Materials

447

(44)

A. Geneva Convention I 1949: Annexes

449

(4)

B. Geneva Convention II 1949: Annex

453

(2)

C. Geneva Convention III 1949: Annexes

455

(14)

D. Geneva Convention IV 1949: Annexes

469

(6)

E. Additional Protocol I 1977: Annexes

475

(10)

F. Hague Cultural Property Convention 1954, Article 16

485

(2)

G. Annex to the Amended Mines Protocol

487

(4)

Bibliography

491

(2)

Index

493

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The Manual of the Law of Armed Conflict

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