Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- D. Basic Principles of the Law of Armed Conflict 1. Military Necessity
- Return to Table of Contents 299
| b. By Coalition Partners Other nations may follow additional sources of LOAC. Some are parties to treaties that establish international tribunals, like the International Criminal Court (war crimes) or European Court of Human Rights (regional human rights violations. Some are parties to additional treaties, like the Ottawa Convention (banning antipersonnel landmines) or Convention on Cluster Munitions (banning cluster munitions. Though the US. is not bound by these sources, Commanders should be familiar with host and allied nation LOAC commitments and national caveats. Notably, over 166 nations, including most NATO and other US. allies (except Israel and Turkey) follow the 1977 Additional Protocols I and II (API and AP II. These treaties extensively supplement GC I-IV. While the US. considers many parts of API and AP II to reflect customary international law, it has not ratified either treaty. Given their wide acceptance, these treaties can impact operations conducted with or within other nations. c. By Non-Governmental Entities Non-Governmental Entities frequently take interest in US. operations. A few organizations, like the International Committee of the Red Cross (ICRC), or some United Nations UN) bodies, perform essential oversight missions. They should always be assigned an escort preferably a judge advocate) and permitted to carryout their duties, subject to essential security needs, mission requirements, and legitimate, practical limitations. Treat other interested entities who lack a legal mandate with courtesy and even-handedness. D. Basic Principles of the Law of Armed Conflict 1. Military Necessity This principle justifies those measures not forbidden by international law that are indispensable for securing the complete submission of the enemy as soon as possible. However, this principle is not applied in a vacuum. It must be applied in conjunction with other law of war Return to Table of Contents 299 principles. Military necessity generally prohibits the intentional targeting of protected persons civilians, hostile personnel who have surrendered or are otherwise out of combat etc) and protected places (objects or places used for purely civilian purposes, such as hospitals, schools, and cultural property that have not been converted to or for military/hostile use) because they do not constitute legitimate military objectives in furtherance of the accomplishment of the mis- sion. Download 4.49 Mb. Share with your friends:
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