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CHAPTER ONE

BASIC KNOWLEDGE/BACKGROUND OF IHL

INTRODUCTION
1. International Humanitarian Law (IHL)/ law of armed conflict (LOAC)
is also known as the law of war, preferably by the field commanders. IHL
is a public international law meaning that the law created by the states
and a law composed of treaty rules and customary rules. Still IHL is
composed of rules that are aimed at reducing the suffering of the
victim’s of armed conflicts.

AIM

2. To introduce the topic to the class and explain its origin.

ORIGIN AND HISTORY OF IHL

3. The international committee of the Red Cross (ICRC) owes its
origins to the vision and determination of one man. It was on 24 June
1859, at a place called Solferino, a town in northern Italy, The Austrian
and French armies were locked in bitter battle and after 16 hrs of
hostility, the ground was littered and covered with 40,000 dead and
wounded. Henry Dunant a Swiss citizen while on his business expedition
passes through the areas and he got horrified due to thousands of
soldiers from both armies left to suffer for want of adequate medical
Services.

a. He appealed to the local people to help and attend to the

wounded insisting that soldiers from both sides be cared for.

b. On his return to Switzerland Dunant published AMEMORY OF

SOLFERINO, in which he made two vital appeals:

(1) For relief societies to be formed in peace time with

nurses who would be ready to care for the wounded in
wartime.

(2) For those volunteers, who would be called upon to

assist an international agreement?

c. The commission of five members headed by Henry Dunant

was constituted to consider how the idea might be implemented.
This group headed by Dunant founded the international committee
for relief to the wounded which letter became the international
committee of the Red Cross.

d. The International Committee of the Red Cross (ICRC) has

been mandated by international community to protect and assist

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the victims of armed conflict and other situations of violence. It
also strives to prevent suffering by promoting and strengthening
IHL.

e. So this means that ICRC is an impartial, neutral independent

humanitarian organization whose exclusive mission is to protect
the lives and dignity of victims of war and internal disturbances
and to provide them with assistance.

f. The set of rules that were established with this in mind and
endorsed by nearly every nation in the world is known as
International Humanitarian Law (IHL) of which the Geneva
conventions are the bed rock. (The fundamental facts or principles
on which an idea or belief is based).

WHY WOULD COMPLIANCE WITH THE RULES BENEFIT YOUR OWN

FORCES?

4. Compliance with the rules will benefit in the following:

a. Fewer casualties, as the other side may surrender because
they know POWs will be treated properly.

b. Detainees in enemy hands are likely to be treated better if

they treat enemy captives well.

c. Unnecessary destruction is avoided – You may want to travel

through the territory and could make use of shelter.

d. You can prevent your troops from being killed by friendly

mines and unexploded ordinance if you’ve had them properly
mapped.

THE NEED FOR COMPLIANCE

5. This focuses on the importance of compliance with the law to you

personally, your command and your country.

a. Individual Responsibility. The first and most important point

to register is that every member of the armed force, whatever his
or her rank, has a personal responsibility to comply with the law of
armed conflict, to ensure that it is complied with by others and to
take action in the event of violations. If you break the rules you can
be tried, and not just by your own courts. And you will not be
allowed to invoke superior orders in your Defence. Serious
violations of the law of armed conflict are considered war crimes
that can be prosecuted in National courts or in International
tribunals/courts such as the adhoc tribunals established to
investigate violations of the law in the former Yugoslavia and
Rwanda and the international Criminal Court, (ICC).

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b. Commander’s responsibility. The commanders have the

responsibility to:

(1) Ensure that personnel under their command are

trained in the rules of the law of armed conflict,
(2) Give lawful and unambiguous orders.
(3) Take the responsibility on difficult decisions,
(4) Ensure that their orders are lawfully carried out by their
subordinates: e.g. don’t kill civilian.
(5) Report violations by members of enemy or allied
forces, including their own, to a higher military authority.
E.g. rape, human shield.
c. State responsibility. State signatory to the Geneva
Conventions undertake to respect and to ensure respect for the
Conventions in all circumstances. They further undertake to
ensure that the texts of the Conventions are disseminated as
widely as possible, in particular to the armed forces, A party to
the conflict violating the provisions of the law of armed conflict will,
if the case demands, be liable to pay compensation, it is
responsible for all crimes committed by its armed forces. There
are other, equally important reasons to be familiar with the law of
armed conflict and to comply with it, Compliance also:

(1) Underlines the true professionalism of members of the

armed forces;
(2) Enhances morale and discipline;
(3) Ensures the support of the civilian population at home
and in the theatre of operations;
(4) Makes reciprocal treatment, for example of the
wounded and sick and prisoners of war, more likely;
(5) Improves the prospects for a return to lasting peace
(Lingering bitterness caused by inhuman or brutal behaviour
in conflict with slow down any peace process);
(6) Ensures that the military effort is concentrated on
defeating the adversary and not on the unnecessary and
counterproductive operations

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HOW THE LAW EVOLVED AND ITS MAIN COMPONENTS

6. The law of armed conflict is made up of customary international

law and treaty law.

a. Customary International Law.

The law of armed conflict is clearly based on our customs and

traditions and our experience on armed conflict throughout the
ages. A good example is the universal ban on poisoning as a form
of warfare, which dates back to ancient times when, for example,
the military on both sides would issue orders not to poison wells as
much for their benefit as for that of the civilian population ( the
might need the water one day, Over the years these customs,
traditions and experience have developed into “hard law”, namely
customary international law and treaty law, Both are legally
binding.

Customary international law results from the general and

consistent practice applied by states out of a sense of legal
obligation.

b. Treaty Law: Treaty law is based on:

(1) Geneva law. This branch of the law is aimed at

protection the victims of a conflict who are in the power of
the adversary – civilians, or you, too, if you have been
wounded or taken prisoner of war (POW). The four 1949
Geneva Conventions are aimed at exactly those situations.
They protect the wounded and sick on land and at sea,
prisoners of war and civilians.

(2) Hague law. This is very much practical soldier’s

law. Its aim is to lay down rules for the conduct of
operations, on how the fighting is to be carried out, by
stating, for example, what you can attack and how you
should attack it. It gives rules which limit the destructive
effects of combat exceeding what is really necessary to
achieve the military aim or mission.

(3) Developments in treaty law. In order to protect

civilians from the effects of the fighting, rules were needed
not just to protect them from the enemy, but also on how the
fighting had to be carried out. As the law evolved, it
therefore sought to keep pace with changes in warfare and
meet both requirements. The 1977 protocols additional to
the Geneva Conventions do just that: The 1977 they often
combine and update elements of Hague and Geneva law.

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We can see that the law of armed conflict is dynamic. It
attempts to take account of what is happening on today’s
battlefields.

(4) Why Geneva and The Hague? Because the original

treaties were drafted in those cities. Once a State has
become party to those treaties, they become the law of the
land and must be applied by the state. They are therefore
part and parcel of the law governing your armed forces. They
are your law and must be obeyed by you.

WHEN DOES THE LAW APPLY?

7. The law of armed conflict applied even if there has been no formal
declaration of war. It’s applied in two quite different types of situation.

a. International armed conflict. It arises when another state

uses armed forces against another state or states. The term also
applies to all cases of total or partial military occupation. E.g. Gulf
war, the Falkland/malvinas war, Congo-1997-99 etc.

b. Non International armed conflict. It’s also known as internal

armed conflicts. It takes place within the territory of a state and
do not involve the armed forces of any other state e.g. Serilanka,
Chechnys, Rwanda, DRC-2012 etc.

THE BASIC PRINCIPLES OF THE LAW OF ARMED CONFLICT

8. Just as military operations have principles of attack, defence,

withdrawal, etc., so does the law of armed conflict contain a set of clearly
defined principles. These principles are practical, reflect the realities of
conflict and, most important of all, do not include anything that a
professional soldier could not apply in battle. They strike a balance
between humanity and military necessity, and are valid at all times, in all
places and under all circumstances. You are not free to do what you
want. As commanders or staff officers, it is of the utmost importance
that you know and understand these principles. They must be taken into
account as a matter of routine in any military appreciation and indeed
training that you undertake. Soldiers under your command must also
understand them. You will find the following principles throughout the
law of armed conflict.

a. Distinction

You must always clearly distinguish between combatants and

civilians or the civilian population as such. Combatants may
of course be attacked unless they are out of action, i.e. they are
hors de combat.

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Civilians are protected from attack but lose that protection
whenever they take a direct part in hostilities for the time of
their participation.

Similarly, you must always distinguish between military

objectives which can be attacked and civilian objects which
must be respected.

The word “object” covers all kinds of objects, whether public or

private, fixed or portable.

b. Proportionality

When military objectives are attacked, civilians and civilian objects

must be spared from incidental or collateral damage to the
maximum extent possible. Incidental damage must be excessive
in relation to the direct and concrete military advantages you
anticipate from your operations. Excessive use of force quite
clearly violates the law of armed conflict.

Here we get down to some basic military requirements, especially

from commanders. To avoid violating this principle requires
thought and effort.

Poor planning intelligence, slack staff work, leadership, command

and control can easily result in the destruction of a whole town or
village, with its hospitals, religious centres and civilian population.

Good planning and clear rules or engagement are required to stay

within the law, and both of those are, after all, only a product of
good training and professionalism in any military force.

It also makes good sense not to waste your own lives, time and
ammunition in disproportionate operations.

c. Military necessity

This principle is enshrined in the preamble to the 1868 St

Petersburg declaration, which states that “the only legitimate
object which states should endeavour to accomplish during war is
to weaken the military forces of the enemy” and that “ for this
purpose it is sufficient to disable the greatest possible number of
men”. Today we would of course also include women.

This principle is entirely practical. It accepts the realities of battle.

It allows for whatever reasonable force is necessary, is lawful
and can be operationally justified in combat to make your
opponent submit.

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Activities which are clearly unnecessary militarily are prohibited.

The principle of military necessity protects good commanders and

allows them to fulfil their mission. If an action is necessary – fine,
then carry it out. Just ensure it is within the law and complies with
all other principles, in particular those of distinction and
proportionality.

You must never use military necessity as an excuse for slackness,

indifference, poor planning or leadership. Military necessity is built
into the law; it cannot be invoked to justify violations of the law.

d. Limitation

In any armed conflict, the right of the parties involved to choose

methods and means of warfare is not unlimited, i.e. IHL limits how
weapons and military tactics may be used.

e. Good faith

Good faith between opponents is a customary principle of warfare.

The military should show good faith in their interpretation of the
law of armed conflict. Good faith must also be observed in
negotiations between opponents and with humanitarian
organizations.

f. Humane treatment and non- discrimination

All people must be treated humanely and without discrimination

based on sex, nationality, race, religion or political beliefs. Those
who are out of action (hors de combat), such as surrendering
combatants, air crew parachuting from downed aircraft, the
wounded, sick and shipwrecked, prisoners of war and other
captives and detainees, must be identified as such and treated
humanely.

g. Conclusion
(1) We have now covered the basic principles of the law of
armed conflict. You can see that no principle asks you as a
soldier or a commander to implement rules that are
impossibly difficult. Remember that in any case the law
evolved from military experience.

14 – 1
HR IV, Arts. 22 & 23, Gp I, Arts. 35 & 57

(2) The law of armed conflict was born on the battlefield.

Its aim is to provide protection for the victims of conflict and
to lay down rules for the conduct of military operations, good

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practical rules with which you are legally obliged to comply
as members of the profession of arms. It is also worth
remembering that the law, if correctly applied, is there to
help you as well as the victims of armed conflict.

CHAPTER TWO

INTEGRATING THE LAW IN MILITARY OPERATIONS

INTRODUCTION

1. Just as the military have their jargon to describe equipments and

what they do, so does the law of Armed conflict has terminologies all its
own. It is therefore very vital at this early stage that we understand
exactly what those terms are and what they mean.

AIM

2. To explain terms related to IHL in military operations

TERMINOLOGIES

3. The following terms are used:

a. Combatants: A combatant is any member of the armed
forces, man or woman, except medical and religious personnel.
Only combatants may take a direct part in hostilities, i.e. Actually
fight or be attacked by the opponent. Captured combatants (if
they have complied with the obligation to distinguish themselves
from the civilian population) are entitled to prisoner – of – war
(POW) status.

Combatants must distinguish themselves from the civilian

population when engaged in or preparing for any military
operations.

The law recognizes that there are circumstances where a

combatant does not need to be in uniform or wear fixed distinctive
sign in order to be entitled to POW status. In this case they will still
be regarded as combatants as long as they are under a responsible
command and subject to an internal disciplinary system. In
addition, they must carry their arms openly.

During each military engagement; while visible to the enemy when

deploying for a military operation.

b. Prisoners of war: It applies to enemy combatants (male or

female) who in an international armed conflict fall into the power
of the adverse party. It also applies to civilians who directly

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accompany the enemy armed forces, such as war correspondents,
supply contractors and members of labour units or welfare
services.

In the term does not apply to military medical or religious

personnel.

c. Medical and Religious personnel attached to the Armed

Forces: They do not actually fight, although medical staff can be
armed with light weapons for self – defence and for the defence of
those under their care.

They should wear on their left arm the insignia of the Red Cross or
the Red Crescent (or the red lion and sun) to identify them. Both
categories are very clearly protected from attack under the Geneva
Conventions.

Medical and religious personnel, if captured, are not POWs. If they

are not actually required by your superiors to carry out medical and
religious duties, then under the law they should be repatriated.

d. Spies: They are persons who, acting clandestinely or under

false pretences, i.e. not wearing the uniform of their armed forces,
gathers or try to gather information on your territory for the
purpose of giving it to the other side. Their protection under the
law is limited. If captured, they are not entitled to POW status.

There should be no confusion with our own forces that might be

sent on reconnaissance patrols or Special Forces operations deep
in enemy territory.

e. Mercenaries: Mercenaries are people who, acting as

individuals or as formed units and they are essentially fighters who
regard conflict as a trade to be plied for private gain.

(1) Are specially recruited locally or a broad in order to

fight in an armed conflict.
(2) Do in fact take a direct part in the hostilities.
(3) Are motivated by the desire for private ate gain, are
promised, by or on behalf on the party to the conflict.

(4) Are motivated by the desire for private gain, are

promised, by or on behalf of a party to the conflict, material
compensation substantially in excess of that promised or
paid to the combatants of similar rank and functions in the
armed forces of that party.

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(5) Are neither nationals of a party to the conflict nor
residents of territory controlled by a party to the conflict.
(6) Are not members of the armed forces of a party
to the conflict.
(7) Are not on official military duty representing a
country that is not involved in the conflict, e.g. loan
service or a training appointment.

f. Civilians: Civilians are not to be attacked. A civilian is a

person who is not a member of the armed forces. When in doubt,
treat people as civilians. Civilians are not permitted to take a
direct part in hostilities. If the do, they lose their protection against
attack for the time of their direct participation.

g. Civilian objects: Civilian objects are not to be attacked.

Civilian objects are all objects which are not military objects.
Military objectives are limited to those objects which by their
nature, location, purpose or use make an effective contribution to
military action and those total or partial destruction, capture or
neutralization in the circumstances ruling at the time offers a
definite military advantage.

h. Works and installations containing dangerous forces: Applies

only to dams, dykes and nuclear electrical generating stations.
Such facilities and military objectives in their vicinity must not be
attacked, if doing so may result in the release of dangerous forces
which would be catastrophic for the civilian population.

j. Hospital zones and localities: Established under GC I and

aimed at providing protection for the sick and wounded of the
armed forces and medical personnel, these zones are created by
written agreement between the two parties or by a unilateral
declaration recognized by your opponent.

k. Protection of cultural property and places of worship : It is

forbidden to commit hostile acts against historic monuments,
works of art or places of worship which constitute the cultural or
spiritual heritage of peoples. It is also forbidden to use such
monuments, work or places in support of the effort.

l. Hospitals and associated medical services : They must be

respected at all times, whether military of civilian. They must
never be attacked. Military medical facilities and transport will be
marked with the Red Cross or Red Crescent.

m. The white flag (or flag of truce) : The white flag is used to
indicate an intention to negotiate and to protect those who are

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negotiating. It does not, as is often thought, necessarily indicate
intent to surrender.

n. The red cross and red crescent emblems : In times of conflict,

the emblem of the Red Cross or Red Crescent constitutes a visible
sign of protection conferred by the law on:

(1) The medical services of the armed forces.

(2) National Red Cross and Red Crescent Societies that
have been duly recognized and authorized by their
governments to assist the armed forces medical services.

(3) Civilian hospitals recognized as such by the state;

(4) All civilian medical units (first aid stations etc.)
recognized and authorized by the competent authorities;

(5) Other voluntary relief societies, subject to the same

conditions as National Societies.
(6) The emblems also protect religious personnel.
You should develop a reflex to the emblem used as
protective device and:
(7) Refrain from attacking any person, unit or means of
transport bearing the emblem:
(8) Respect persons bearing the emblem;
(9) Let such persons perform their tasks; Leave buildings
marked with the emblem untouched.

The International Committee of the Red Cross (ICRC) may use

the emblem at all times and without restriction to fulfil its
tasks.

CHAPTER THREE

THE CONDUCT OF OPERATIONS – PART A

INTRODUCTION

1. We have spent some time looking at the background to the Law of

Armed conflict. The scene has therefore, been set, the time has come for
us to enter the battle field. We will now turn to the Law of Armed conflict
that governs the conduct operations by armed forces, including air and

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sea operations affecting targets on the ground. And the major emphasis
is focused on the principles and key factors that affect all operations.

AIM

2. To explain how the law of armed conflict relates to the conduct of

operations in general.

KEY PRINCIPLES AFFECTING THE CONDUCT OF OPERATIONS

3. The following are the key principles affecting the conducts of

operations.
a. The principle of distinction

(1) You must always clearly distinguish between

combatants and civilians or the civilian population as such.

(2) Combatants may of course be attacked unless they are

out of action, i.e. hors de combat. Civilians are protected
from attack but lose this protection during any period in
which they take a direct part in hostilities.

(3) Only military objectives may be attacked. Civilian

objects must not be made the object of attack unless they
have become military objectives.

(4) As a consequence of the principle of distinction,

indiscriminate attacks are prohibited.

b. The principle of proportionality

When military objectives are attacked, civilians and civilian objects

must be spared incidental or collateral damage to the maximum
extent possible. This means that when you plan or carry out
operations you are not allowed to engage in disproportionate
attacks even with regard to combatants and military objectives. To
stay within the law requires good intelligence, planning and clear
rules of engagement.

4. MILITARY OBJECTIVE

Those objects which by their nature, location, purpose or use make an

effective contribution to military action and whose total or partial
destruction, capture or neutralization in the circumstances prevailing at
the time. Offer a definite military advantage.

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If you are in doubt about whether an object which is normally used for
civilian purposes is being used to make an effective contribution to
military action, presume that it is not being so used.

However, military objectives do not stop being military objectives just

because civilians are present; the latter share the danger of being there.

What about civilians living in the vicinity but not actually working in the
munitions factory? Here the commander MUST take into account the risk
of foreseeable civilian casualties outside the target area in case of doubt,
do not attack.
5. MEDICAL AND RELIGIOUS PERSONNEL, THEIR FACILITIES AND
MATERIAL

Who is protected? Medical and religious personnel, both military and

civilian, have protected status and must not be attacked.

What is protected: The law gives comprehensive and detailed protection

to all civilian and military hospitals, medical units, medical transports and
medical material.

Under no circumstances must medical or religious protection be used to

try and shield military objectives from attack.

Even if the do not use the distinctive emblem, the personnel, facilities,
equipment, etc., of civilian and military medical units are entitled to
protection if you are aware that there is the function they are performing.

Location of medical units. Medical units must be sited well away from
military objectives.

PROTECTED PERSONS AND OBJECTS

6. The following persons should be protected:
a. Women: Civilians – women must be treated with special
respect. Any attack on the physical or psychological integrity of
women, in particular rape, enforced prostitution or any for of
indecent assault, is prohibited.

b. Children: The law prohibits the direct participation in

hostilities of children under the age of 15, who must not be
recruited into the armed forces.

c. Humanitarian aid: The convoys can be searched, but they

must be allowed through. Both sides must guarantee the safety of
these convoys in their territory. Relief personnel and supplies must
no be made the object of attack.

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d. Protected zones: They must not be made the object of attack
and are not to be used in any way for military purposes.

e. Cultural property: Is not to be used for military purposes and

is protected against acts of hostility.

f. Works and installations containing dangerous forces : It is

prohibited to attack dams, dykes and nuclear electrical generating
stations. Attacks on such installations could result in the release of
dangerous forces.

PROHIBITED METHODS OF WARFARE

7. a. Starvation and the destruction of objects indispensable to the

survival of the civilian population: It is prohibited to set out to
starve civilians as a method of warfare, e.g. the old siege concept.
It is also prohibited to direct attacks against, destroy, remove or
render useless objects vital to their survival, installations and
supplies for irrigation works.

b. Human shield: Civilians may not be used to shield military

objectives or to shield, promote or impede military operations.
There are two points here. First, military objectives must not be
installed in a civilian area for protection. Secondary, civilians’
movements should not be directed to shield objectives or
operations.

c. Pillage: Universally prohibited. Stealing is an offence under

national law and it remains an offence in operations.

d. Perfidy: It is forbidden to commit a hostile act under the

cover of legal protection with the intent to betray the confidence of
the adversary. It involves a deliberate attempt to make an
opponent think he cannot attack you are protected and then to
exploit the opponent’s resultant vulnerability.

e. Quarter: A person/people or an area especially as a source of

help. It is prohibited to order that no quarter will be given.

f. Hostages: Capturing/taking a person or group of people as a

basis to bargain terms and conditions. The taking of hostages is
prohibited.

g. Reprisals: Committing war crimes in revenge to your

opponent. Reprisals are prohibited in all circumstances against:
(1) Prisoners of war.

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(2) The wounded, sick and shipwrecked.
(3) Medical and religious personnel.
(4) Civilians.
(5) Civilian objects.
(6) Protected buildings, equipment and vessels.
(7) Cultural property.
(8) Objects indispensable to the survival of the population.
(9) Works containing dangerous forces.
(10) The natural environment.

CHAPTER FOUR

CONDUCT OF OPERATION – PART B

INTRODUCTION

1. It is now time to look at specific aspects, what action is allowed in

operations? What does the law tell us about possible contact with the
enemy or the civilian authorities? We will then turn to the phases of
battle i.e. attack, defence, siege and manoeuvre operations.

AIM

2. The aim is to explain what action is allowed in operations and how

the law applies to different phases of battle, in particular attack, defence,
siege and manoeuvre operations.

RUSES OF WAR

3. It refers to a tactical way of doing something or getting something

by deceiving your opponent. Ruses of war are permitted.

Examples include:

a. Camouflage and concealment, either natural or in the form of

camouflage nets, camouflage paints or smoke to cover movement.

b. Feints or deceptive attacks, flanking attacks to catch the opponent

off guard.

c. The use of dummy weapons, eg. Rubber or wooden mock-ups of

tanks or aircraft to confuse or mislead your opponent as to your strength
and deployment.

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d. Transmission of misleading messages, using the enemy’s radio
frequencies, breaking their passwords and codes.

e. Misinformation, disinformation or psychological operations to

confuse or to weaken morale, provided the intent is not to spread terror
among the civilian population.

THE WHITE FLAG OR FLAG OF THE TRUCE

4. The key to the white flag. It means “I wish to enter into

communications or to negotiate with you”. It does not necessarily mean
“I want to surrender”.

PRISONERS OF WAR – INITIAL TREATMENT ON CAPTURE IN THE COMBAT

ZONE

5. All captured combatants are POWs, whether they have surrendered

or not. They become protected persons under the law of armed conflict
the instant they fall into the power of the adverse party. They become
prisoners of your state. They are not your personal prisoners. It is
forbidden to kill or mistreat a combatant who has been taken prisoner or
who is hors de combat.

All prisoners must be disarmed and subjected to a thorough search. This

must be done in a way that does not violate the prohibition of inhumane
or degrading treatment and that respects the special protection afforded
to women and child soldiers. The following may be removed:
ammunition, military documents such as maps, orders, notebooks
containing military information, signals diagrams, code, and any other
military equipment not designed specifically to protect the person.

Military clothing and protective equipment must be left with the

prisoners, e.g boots, helmets, flak jackets, gas masks, etc. In addition,
the prisoners must be allowed to keep their badges of rank, insignia,
eating utensils, ration packs and water bottles. They must also be
allowed to keep their identity cards and discs. They can also keep with
them personal possessions, including such items as spectacles, watches
and articles of sentimental value like family photographs.

IDENTIFICATION OF POWs

6. POWs must be identified and so are required to give their number,

rank, name (surname and first names) and date of birth. They are not
required to provide any other information.

EVACUATION

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7. Remember, the main aim of evacuation is to get the POWs out of
immediate danger in the combat zone. They must therefore be moved
as soon as possible to the rear and must not be unnecessarily exposed to
danger in the meantime.

Women POWs – Their treatment must be at least as favourable as that

granted to men. Special care must be taken to ensure they are
protected against physical violence, including sexual violence or indecent
assault. They must be held in separate accommodation.

OPERATIONAL RESPONSIBILITY IN ATTACK

8. If you are planning an attack you must:

a. Do all that is feasible at the time to verify that the target is in fact a
military objective. If in doubt, do not attack. Remember the principle of
distinction.

b. Carefully consider the tactics, weapon systems and ammunition

you are going to use. Take all feasible precautions to avoid or at least
minimize death or injury to civilians or civilian property.

c. The tactical timing of the attack should also be considered. For

example, if a war factory producing war materials is closed at night.

Before actually launching an attack that might affect the civilian

population, give advance warning. The attack may dispense with
the warning if circumstances do not permit.

d. The attacker must be prepared to cancel, suspend or adapt a

planned attack if it becomes obvious that the objectives is not a military
one or is subject to special protection, or that the incidental civilian
damage is likely to be out of proportion to the concrete and direct
military advantage expected in the first place.

OPERATIONAL RESPONSIBILITY IN DEFENCE

9. To the maximum extent feasible, civilians must be moved away
from military objectives. The military should warn the civilian population
in advance and assist with its evacuation.

Refrain from using cultural property as part of your defensive plan.

Never use human shields to gain protection for your defensive

deployments.

You are not allowed to destroy or damage property simply to prevent its
being used by civilians or to drive them away. Destruction of property
must always be justified by military necessity; the property must be a
military objective.
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OPERATIONAL RESPONSIBILITY OF THE ATTACKER AND DEFENDER IN

SIEGE WARFARE

10. If you are attacking the besieged town or city, then it is the rules
governing offensive that apply. If you are defending, then the rules
governing defensive operations apply.

The law requires the parties to the conflict to endeavour to conclude local
agreements for the removal from besieged or encircled areas of
wounded, sick, infirm and aged persons, children and maternity cases.

The general prohibition of starvation of the civilian population implies

that deliveries of the foodstuffs, medicines, drinking water and other
goods indispensable for its survival must not be hindered by an
opponent, provided they are delivered solely to the civilian population of
the town under siege and not to the armed forces defending the town.

TOTAL OR PARTIAL EVACUATION OF THE CIVILIAN POPULATION

11. The occupying power undertaking these transfers or evacuations

must ensure, to the greatest practicable extent, which the protected
persons are provided with proper accommodation that the removals are
effected in satisfactory conditions of hygiene, health, safety and
nutrition, and that members of the same family are not separated.

OPERATIONAL RESPONSIBILITY IN MANOEUVRE OPERATIONS AND

MILITARY MOVEMENTS
12. Military units, except medical units, should use routes that take
them away from or outside populated areas, if their presence could even
temporarily endanger civilian persons and objects.

CHAPTER FIVE

WEAPONS

INTRODUCTION
1. Weapons are the main tools of your professional. It is therefore
important for combatants and their commanders to be thoroughly
conversant with the provisions governing their use. What weapons are
allowed in battle and what, if any, restrictions and limit their use? What
weapons are prohibited? In simplicity a weapon refers to an object such
as a knife or sword, gun, bomb etc that is used for fighting or attacking
some body. They are of the categories nuclear, chemical, lethal etc.

AIM

2. The aim is to explain the law of armed conflict regarding weapons.

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PRINCIPLES REGARDING THE USE OF WEAPONS

3. The following principles apply:

a. Distinction: You must never use any weapon or weapons
system which does not enable you to distinguish between
combatants and civilians and between military objectives and
civilian objects.

b. Proportionality: When a military objective is attacked, civilians and

civilian objects must be spared from incidental or collateral damage to
the maximum extent possible. Such damage must never be excessive in
relation to the direct and concrete military advantage you anticipate
from your operations.

When you plan an attack, you cannot assess the risk of incidental
or collateral damage unless you are familiar with the weapons or
weapons system which will be employed.

c. Limitation: The weapons and methods of warfare that may be used

are limited. Weapons that are of a nature to cause combatants
unnecessary suffering or superfluous injury are prohibited and should not
be issued to armed forces. The uses of some weapons are specifically
regulated.

EXAMPLES OF SPECIFIC PROHIBITED/RESTRICTED WEAPONS

4. The following weapons are prohibited:
a. Explosive Bullets: The 1868 St Petersburg Declaration
prohibits the use of any projectile weighing less than 400g and
which is either explosive or charged with fulminating with
fulminating or inflammable substances.

b. Expanding bullets: The Hague Declaration of 1899 banned the use

of expanding bullets, which are also commonly known as “dumdum”
bullets. These are bullets that expand or flatten easily in the human
body, causing massive and often fatal wounds. This rule is only
applicable for armed forces engaged in an armed conflict. Police forces
are authorized to use “dumdum” bullet during their law enforcement
operations.

c. Chemical and Bacteriological (Biological) Weapons : The use of

chemical and bacteriological weapons is prohibited. The ban also intends
to the use of riot control agents and toxins in armed conflict as a method
of warfare.

d. Non – Detectable Fragments: It is prohibited to use any weapon the

primary effect of which is to injure by fragments which cannot be
detected by X-rays.

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e. Mines, Booby Traps and Other Devices : It is prohibited in all

circumstances to direct these weapons against civilians or civilian
objects. Their indiscriminate use is prohibited.

All feasible precautions, including advance warning (if the tactical

circumstances permit), must be taken to protect civilians from the
effects of these of weapons.

f. Never under any circumstances (Ottawa treaty), Including both

international and non-international armed conflicts:

(1) To use anti-personnel landmines;

(2) To develop, produce, acquire, stockpile, retain or
transfer anti-personnel landmines, directly or indirectly;
(3) To assist, encourage or induce, in any way, anyone to
engage in any activity prohibited by the Convention.

It is prohibited to use body traps or other devices in the form

of apparently harmless portable objects.

The use of body trap is restricted to military objects,

equipments and vehicles.

g. Incendiary Weapons: It is prohibited in all circumstances to make

civilians or civilian property the object of an incendiary weapons attack.

Incendiary weapons may be employed against combatants, their

equipment or other military targets.

h. Blinding Lasar Weapons: Protocol IV prohibits anti-personnel laser

weapons designed to permanently blind combatants.

j. Nuclear Weapons: The International Law in Force does not,

however, contain any explicit prohibition of the use of such weapons.

The ICRC has stated that is difficult to imagine how the use of
nuclear weapons could be compatible with the principles and rules
of the law of armed conflict (distinction, proportionally).

CHAPTER SIX

COMMAND RESPONSIBILITIES

INTRODUCTION

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1. This topic focuses on key issues of the law that directly affect you
as commanders. This means command at any level. The Commander-In-
Chief of the armed force obviously has overall responsibility but the
section commander and even individual soldiers also have responsibility
in relation to the law of armed conflict. Respect for the law is really a
matter of discipline and discipline is a product of good leadership,
professionalism and training.

AIM

2. The aim is to explain the responsibilities of commanders at all

levels in relation to the law of armed conflict.

CRIMES

3. The following are the crimes:

a. War Crimes: A war crime is any serious violation of the law of
armed conflict that entails individual criminal responsibility.

b. Grave Breaches: The most serious war crimes are called grave
breaches. They include wilful killing, torture, inhumane treatment,
wilfully causing great suffering or serious injury to body or health, the
taking of hostages, wilfully depriving a POW or other protected person of
the right to a fair and regular trial, and launching an indiscriminate attack
affecting the civilian population or civilian objects.

c. Jurisdiction, or the obligation to repress war crimes : All states have

the right to try or extradite any person alleged to have committed a war
crime regardless of the nationality of the actor, the victim or the place
where the act occurred.

States have a duty to try war crimes committed by their troops.

States have a duty to try war crimes committed on their own

territory or on territory under their control.

States have a duty to seek out all those allegedly responsible for
the commission or who allegedly have ordered the commission of
grave breaches and to try or extradite them, regardless of the
nationality of the perpetrator, the victim or the place where the
conduct took place.

Individual responsibility for compliance with the law:

4. It is no defence to a war crime that the act was committed in

committed in compliance with a superior order. A soldier who carries out
an order which is illegal under the law of armed conflict is guilty of a war
crime.

If an order is plainly unlawful, you have a duty not to carry it out.

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5. General responsibilities of commanders

Members of the armed forces who have powers of command are under a
duty to:

a. Maintain firm but fair discipline.

b. Demonstrate, by their interest and emphasis on training in
peacetime and of course their behaviour in battle, that they
respect the law.

c. Make full use of the machinery available to them to

investigate and prosecute violations of the law.

d. Build legal problems into exercises and war games.

e. Ensure their orders are absolutely clear and not liable to

misinterpretation.

f. Report offenders to superior officers who have the power to

discipline them.

g. Report any violations committed by their side, by friendly

forces or by the enemy to a higher authority.

Criminal responsibility of commanders for acts committed by their

subordinates

6. Commanders will be held criminally responsible under the law if:

a. The new of should have known, that subordinates were going

to break law, i.e. commit a war crime, but did nothing to prevent it;

b. They fail to take any action against (punish or report)

subordinates who have already committed a war crime.

Operational command

7. We can sum up the legal aspects involved in the planning process

in three points:

a. The need for good intelligence.

b. The precaution that must be taken.
c. The final analysis, or, as it is sometimes called, the “battle
appreciation”, where all factors are taken into consideration to
ensure that your best course of action based on the tactical
situation complies with the law.

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Intelligence

8. Information on the enemy’s strength, etc., and on civilian

concentrations, protected property, and so on, is of great importance.
This must of course be up to date.

Captured soldiers may be tactically questioned, but they obliged to give

you no more than their number, rank, name and date of birth. They must
not be tortured or coerced into passing on intelligence information.

Precautions

9. Your choice of means and methods of attack must aim at

minimizing civilian casualties and must ensure that you will not decide to
launch an attack which may be expected to cause collateral damage
which would be excessive in relation to the concrete and direct military
advantage anticipated.

Orders

10. They must clearly indicate localities and objects to be avoided.

They must give exact detailed for the rapid evacuation of the wounded,
for the treatment and evacuation of any POWs, for respect and collection
of the including those of the enemy. They must give clear rules of
engagement, e.g. orders for opening fire and on the use of particular
weapons.

Control

11. You cannot just give orders and then relax. Commanders remain
responsible throughout for the conduct of their subordinates. They may
have to intervene by radio or directly to correct a course of action or to
impose their leadership from the front.

Not all battles go exactly to plan – there is a military saying that quite
often “the plan is the first casualty of war”. Adjustments may well have
to be made by commanders and hasty orders issued over the radio or in
person.

CHAPTER SEVEN

INTERNAL SECURITY OPERATIONS

INTRODUCTION

1. This topics focuses on what law the military “need to know” at the
tactical or operation level. By this we mean what soldiers need to know
on the ground when faced for example, with a rioting crowd. How should
they deal with some they have arrested or detained?

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The key law: The universal declaration of human rights stipulates that
everyone has the right to freedom of peaceful assembly and association.
These rights are reiterated in the international covenant on civil and
political rights. The basic principles on the use of force and fire arms
contain further useful guidelines.

AIM
2. The aim is to introduce the law and the International Standards
that apply to the conduct of internal security operations and their
provisions on the use of force.

THE ROLE OF THE ARMED FORCES IN INTERNAL SECURITY OPERATIONS

3. a. The military are in the supporting role and will deployed

on the when existing police resources are too stretched to do the
job properly. In cases were law and order has broken down
completely and the civil authorities, including the police, are un
able to cope with the situation, the armed forces, on the
instructions of the government, may have to take over, but
only until law and order can be restored, at which time
responsibility will be handed back to the civil power.

b. In these circumstances, the primary role of the military is not

to conduct hostilities against an organised armed opponent but to
fulfil some of the functions normally curried out by the police in
restoring and maintain law and order. They must apply the
constraints that guide police forces, particularly in relation to the
use of force and fire arms.

DEFINITION OF INTERNAL SECURITY OPERATIONS

4. a. Internal disturbances: This involves situations in which there
is no non international conflict, but they exists an internal
confrontation, characterised by a certain seriousness or duration
and which involves acts of violence.

b. Internal tensions: The term usually refers a situation of

serious tension (political, religious, racial, economical, social etc) or
to the consequences of an armed conflict or internal disturbances.

PROBLEMS FACED BY ARMED FOCES

5. a. Training: Soldiers need proper training to adjust this new
way of operating. Do not expect soldiers to know how to cope
without training. There are a number of examples of highly
regarded and well trained conventional forces performing badly on
internal security operations.

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b. Equipments: Often armed forces are not properly equipped
to deal with ISO. Soldiers faced by a hostile mob and equipped with
only a rifle will quite naturally use it if their lives are threatened. If
they have defensive equipments, however (flak jackets, helmets
with visors, batons and shields, rubber bullet guns, tear gas, water
cannons etc), a graduated response can be used to dissuade or
deter without having to resort to extreme measures.

c. Tactics: Dealing with hostile crowd of civilians in right

situation requires a completely different approach from an attack
on an enemy position in conventional warfare. Command
responsibility in these operations rest at very low levels.

THE LAW APPLICABLE IN ISO

6. a. Domestic law: The details of this law are clearly beyond this
cope of this lecture. Every officer should be aware of the domestic
law related to law enforcement and use of force and fire arms.

b. International Human Rights Law (IHRL): International human

rights law consists of:
(1) Treaties: Which are legally binding on those states
which have agreed to be bound by them. They are your
states law and as such, part of your military law.

(2) Non treaties standards: Which represent the

Consensus of the international community on standards, the
states should aspire to meet. Although they do not have the
legal power of treaties, they have a the persuasive force of
having been negotiated by the government over many years
and of having been adopted by political bodies such as
United Nations General Assembly (UN) etc.

c. Customary international law: which stems from the general

and consistent practice of states. The 1948 universal
declaration of human rights (UDHR), has now become part of
customary international law as a result of state practice. The
international covenant on civil and political rights (ICCPR)
and regional conventions and charters is now generally accepted
as binding on all states. This common core consists of four
rights: the right life and the prohibition of torture, slavery
and retroactive panel sanctions.
d. Although all the rights listed in human rights treaties apply all
times, a state may derogate, under very specific conditions, from
certain human rights in the event of a public emergency
threatening the existence of the nation. The two most important
rights to keep in mind are:

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(1) The right to life. Every human being has the inherent
right to life. This right shall be protected by law. No one shall
be arbitrarily deprived of his/hers life.

(2) The prohibition of torture. No one may be subjected to

torture or to cruel, inhuman or degrading treatment or
punishment. Rape and sexual assault can also constitute
torture; rape does not apply only to women.

INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS APPLICABLE IN

INTERNAL SECURITY OPERATIONS

7. We are dealing with low-scale disturbances. We are tasked

with restoring or maintaining law and order. We are dealing with
our own people. The key features of military operations are now based
on the use of minimum force and restraints.

THE USE OF FORCE

8. The ICCPR express the right to life as follows:
“Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived on
his life”.

Three instruments has been adopted to protect people from being

arbitrarily deprived of their lives and to provide guidance on the use of
force. While none of them is legally binding.

These instruments are:

a. The United Nations Code Conduct for Law Enforcement
Officials.

b. The United Nations Basic Principles on the use of

Force and Firearms by Law enforcement officials.

c. The Principles on the Effective Prevention and

Investigation of Extralegal, Arbitrary and Summary
Execution.

9. PRNCIPLES APPLICABLE TO THE USE OF FORCE

d. Necessity: Force may only be used when strictly necessary.
Its use must be regarded as an exceptional measure.

e. Proportionality: When the lawful use of force and firearms is

unavoidable, force should be used only to the extent required for
the performance of your duty. Never should force be used or
authorised which is disproportionate to the legitimate objective to
be achieved; collateral damage and injury must be minimized.

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f. Minimum force: In currying out their duties, soldiers must, as

far as possible, apply non-violent means before resorting to the use
of force and firearms.

g. If the lawful use of force and firearms is unavoidable,

then the following rules must be followed:

(1) Restraint: Exercise restraint in such use and act in

proportion to the seriousness of the offence and the
legitimate objective to be achieved.

(2) Minimize damage and injury, respect and preserve

human life.
(3) Medical assistance: Ensure that the assistance and
medical aid are rendered to any injured or affected persons
at the earliest possible moment.

(4) Notify next of kin: Ensure that relative or close friends

of the injured or affected person are notified at the earliest
possible moment.

SPECIAL RULES FOR OPENING FIRE

8. The rules state that the soldiers shall not use firearms against
persons except:

a. In self defence or to defend others against an imminent

threat of death or serious injury;

b. In preventing the perpetration of a particularly serious crime

involving grave threat to life;

c. In arresting someone presenting such a danger and resisting

the soldier’s authority, or to prevent his or her escape.

These strict rules go hand in hand with another concerning warning

before opening fire. This is a major adjustment for a soldier. As a
soldier you are simply not required under the law of the armed conflict to
warn an opponent before you open fire.

9. DEALING WITH UNLAWFUL ASSEMBLIES

Note: The Universal Declaration of Human Rights stipulates that
everyone has the right to freedom of peaceful assembly and
association.

10. HUMAN RIGHTS STANDARDS FOR DEALING WITH UNLAWFUL

ASSEMBLIES

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In the dispersal of assemblies that are unlawful but non-violent the
use of force must be avoided or, where that is not practicable, restricted
to the minimum extent necessary.

Soldiers are not usually required to deal with unlawful

assemblies; as a rule, therefore, they are not trained or equipped
for that role. It represents a new dimension for them. The armed forces
must ensure the troops are trained for such contingencies. If they are
inadequately trained, they might, for example, overreact and resort too
quickly to the use of lethal force. As firearms are quite clearly to be used
as a last resort, the armed forces must have at their disposal a range of
equipment enabling them to ensure a graduated response.

11. ARRESTS AND DETENTION

Clear instructions for dealing with arrest persons are important.
Soldiers must know to whom and where they must take arrested persons.
In the heat of the situation, arrested people may be abused, and this
must be avoided at all costs.

Key law: International human rights law and standards provide a series
of protective measures to ensure both that the individuals are not
deprived of their liberty unlawfully or arbitrary, and that once arrested
they are protected from other forms of abuse.

Non one shall deprived of his liberty except on such grounds and in
accordance with such procedures as are established by law.

The body of principles for the protection of all persons under any
form of detention or imprisonment (Body of Principles), adopted
by United Nations General Assembly resolution 43/173 of 9
December 1988, provides us with detailed guidelines.

a. Human rights standards on arrest procedures

Soldiers are of course trained in the procedures for arrest of POWs.
The law of armed conflict contains clear rules on initial search and
subsequent treatment until the POWs are evacuated from the front:
they are entitled to humane treatment, are not to be exposed to
any danger, in particular torture or humiliating or degrading
treatment. “Arrest, detention or imprisonment shall only be carried
out strictly in accordance with the provisions of the law of and by
competent officials or persons authorised for that purpose”.

b. Rights upon arrest

The troops must be taught to apply important new rules in addition
to those covered in the law of armed conflict. Immediate
information on the reasons for arrest. Anyone who is arrested
must be informed, at the time of arrest, of the reasons for their

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arrest and must be promptly informed of any charges against
them.

c. Torture and interrogation

As with the law of armed conflict, no one may ever be subjected
to torture or to cruel, inhumane or degrading treatment or
punishment.

A definition of torture:
“Any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes or
obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or
suspected of having committed, or intimidating or coercing him or
a third person, or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity”.

The prohibition against torture is absolute and non-

derogable. It applies to all people at all times.

d. Interrogation
(1) The presumption of innocence. Everyone charged with
a criminal offence has the right to be presumed innocent
until proved guilty according to the law.

(2) The prohibition of torture, Cruel, inhumane or

degrading treatment or punishment.

Linked with the above is the detainee’s right to remain

silent during the investigation. This is inherent in
presumption of innocence and an important safeguard of the
right not to be compelled to confess guilt or testify against
oneself.

12. PRACTICAL GUIDELINES ON SEARCHES

Searches must be legal. Domestic law must grant soldiers the right to
search. They cannot assume that right without this authority.
Persons should be searched with respect for their dignity, quickly
and efficiently. Soldiers shall be trained exactly how to search a
vehicle or a person.

13. INDIVIDUAL AND COMMAND RESPONSIBILITY

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Internal security operations do not change anything that we already
covered in relation to individual or command responsibility. In fact, the
human right standards reinforce the points we covered and the law of
armed conflict.

E N D

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