Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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296
B. Introduction
This Chapter summarizes for commanders and military personnel key law of armed conflict
(LOAC) provisions related to the conduct of operations in both international and non-interna- tional armed conflicts. It defines the LOAC and discusses its purposes, sources, implementation, basic principles, obligations and enforcement. For more information on these and related topics, consult the Department of Defense Law of War Manual or an operational law judge advocate.
DoD policy is to comply with LOAC during all armed conflicts, however such conflicts are characterized, and in all other military operations (DoDD E, para. 3.2). Every Soldier, Sailor, Airman, Marine, and all others accompanying US. forces must comply with the LOAC.
C. Overview of the Law of Armed Conflict
1. Definition
The DoD Law of War Manual defines the law of war (LOW) as that part of international law that regulates the resort to armed force the conduct of hostilities and the protection of war victims in both international and non-international armed conflict belligerent occupation and the relationships between belligerent, neutral, and nonbelligerent States It is also referred to as the law of armed conflict (LOAC) or international humanitarian law (IHL). The LOAC includes ratified treaties and applicable customary international law (CIL) binding on the United States or individual citizens.
2. Purposes
The purposes of the LOAC serve both military needs and humanitarian concerns. These purposes include Protecting both combatants and noncombatants from unnecessary suffering Safeguarding persons who fall into the hands of the enemy Facilitating the restoration of peace Ensuring good order and discipline Fighting in a disciplined manner consistent with national values Maintaining domestic and international public support
3. Primary Sources

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