Misc Pub 27-8 Legal Handbook Commander’s 2019
a. Ratified LOAC Treaties
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ArmyDemLogProgramBriefing-Jan17
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- • CCW (1980)
| a. Ratified LOAC Treaties When a ratified treaty becomes the law of the United States, it is equal in force to a statute passed by Congress. The US. always strives to follow such treaties, including these key LOAC documents: • Hague IV (1907): Ratified in 1909 by the US, this treaty contains regulations requiring belligerents to distinguish themselves from civilians protect prisoners of war and limit cer- Return to Table of Contents 297 tain means and methods of attack. The US. follows many of Hague IV’s basic restrictions in all types of conflicts. • GC I-IV (1949): Ratified in 1955 by the US, these treaties govern international armed conflict (between nations. GC I-IV currently bind all United Nations member nations. The four treaties protect (I) the wounded and sick on land (II) the wounded sick and shipwrecked at sea (III) prisoners of war and (IV) civilians in the territory of a state which is a party to the conflict or in occupied territory. They define severe violations of their terms as grave breaches and require nations to train their forces on compliance. GC I-IV also require that in non-international armed conflicts, civilians and the wounded and sick be treated humanely. • CCW (1980): Ratified in 1995 by the US, this treaty provides legal framework and dialogue for regulating particular weapons systems through Protocols or supplemental treaties. The US. is party to the CCW and all its Protocols (I) banning non-detectable fragments as well as regulating use of (II/II Amended) mines, booby-traps, and other remote timed devices (III) incendiaries (IV) lasers and (V) explosive remnants of war. The US. actively promotes the CCW and its standards. Many other ratified treaties provide additional protections, or prohibit/regulate the use of certain weapons systems. Examples include cultural property protections recognition of anew red crystal symbol for medical personnel, vehicles, and hospitals prohibitions on asphyxiating or poisonous gases, and biological or chemical weapons and regulation of nuclear weapons. Consult a judge advocate to determine whether a specialized treaty or other restriction applies to a particular target, tactic, or weapon. Download 4.49 Mb. Share with your friends:
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