Army Presentation re: Rules of Engagement and the handling of Detainees Captured on the Field of Battle

427th Support Battalion Geneva and Hague Convention-Law of War Briefing
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Enabling Learning Objective A
Identify the key elements of the
Hague and Geneva Conventions that
pertain to small unit combat
operations.
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Unlawful Targets
The attack ofnoncombatants and protected
property is illegal.
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Noncombatants

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Protected Property

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Lawful Targets
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Combatants-a combatant is anyone engaging in hostilities in an armed conflict on behalf of a party to the conflict.

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Military Objectives-A combatant, a dependent place, and those objects which by

, their nature, location, purpose or use, lllake an effective contribution to military action.
• Incidental Injury and Collateral Damage­
Unavoidable and unplanned damage to
civilian personnel and property incurred

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NONCOMBATANTS
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CIVILIANS

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WOUNDED AND SICK

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HORS DE COMBAT

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PRISONERS OF WAR

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PARACHUTISTS OF DISABLED AIRCRAFT

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MEDICAL PERSONNEL

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CHAPLAINS

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Civilians
• Civilians are persons who are not members of the enemy's armed forces and who do not take part in the hostilities.
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Wounded and Sick
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Soldiers who have fallen by reason of sickness or wounds and who cease to fight are to be respected and protected.

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Shipwrecked members of the armed forces
at sea are to be respected and protected.

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Shipwrecked includes downed passengers/crews on aircraft, ships in peril and castaways.

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Hors de combat

• Soldiers that are Hors de Combat are enemy

personnel who are "out of combat".
Examples are:

1. Wounded and Sick 2.. Prisoners ofWar
3.
Parachutists-Parachutists of disabled aircraft.

4.
Medical Personnel

Prisoners of War

• Captors must respect (not attack) and
protect (care for) those who surrender.
• Surrender may be made by any means that communicates the intent to give up.
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Parachutists Of Disabled
Aircraft

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Parachutists who are crewmen of a disabled aircraft are presumed to be out of combat and may not be targeted unless it is apparent they are engaged on a hostile mIssIon.

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Exception-paratroopers are presumed to be on a military mission and therefore may

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Medical Personnel
1. Medical personnel of the Armed Forces. ( a.)Doctors, nurses, surgeons, chemist, stretcher bearers, Medics, Corpsman, and orderlies who are exclusively engaged in the direct care of the wounded and sick. ( b.) Administrative staffs of medical units (drivers, generator
operators and cooks).
(c.) Chaplains.

2. Auxiliary Medical Personnel of the Arn1ed Forces. -Those persons who have received "special training" and are
carrying out their medical duties when they COlne in contact with the enemy.
3. Relief Society.
-personnel of the National Red Cross Society and other recognized

o relief Societies.
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Journalists
• Protected as a noncombatants provided
they take no action adversely affecting

their status as civilians.
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Lawful Use afForce:
Principles

• Military Necessity: . actions not forbidden by law and indispensable for the submission of the enemy .
. • Humanity: minimization of incidental injury, collateral damage, and suffering .
.• Proportionality: suffering must not be disproportionate to the direct and concrete military advantage gained.
• Discrimination: attacks must be directed
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Protected Property
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Civilian Property

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Cultural Property -Churches -Universities, Colleges, Schools -Historical Monuments -Museums -Buildings dedicated to Charities (such as

Orphanages)
• Cultural Property Emblems
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Protected Medical Transports
and F acili ties

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Ambulances

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Hospital Ships

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Medical Aircraft

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MEDIVAC Helicopters

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Hospitals

-Buildings o -Mobile (Tents)
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Treachery and Perfidy
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Misuse ofthe Red Cross

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Misuse of a Flag of Truce

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Misuse of enemy uniforms, flags, nation emblems or insignia

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Misuse of cultural property

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Pretending to be a civilian

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Pretending to surrender

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Pretending to be wounded

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Pretending to be a United Nations

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o Peacekeeper.
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Misuse of Red Cross, Red rescent and Cultural Property Symbols
• Use of these symbols is restricted to facilities or transport exclusively engaged in medical duties or recognized cultural property.
, Law ofW ar provides that wounded and sick, hospitals, medical vehicles, and in
o some cases, medical aircraft be respected
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Feigning Surrender

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Feigning surrender or intent to negotiate under a flag of truce.

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A white flag is an indication of a desire to negotiate only and its holder has the burden to come forward.

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Remember the Falklands War scenario.

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Use ofEnemy Property

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Combatants may wear enemy unifonns (for example, to infiltrate) but cannot fight in them. .

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Military personnel not wearing their unifonn lose their PW status if captured and risk being treated as spies.

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Cultural Property

• Misuse of cultural property will subject the

property to attack.
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Feigning Civilian
Noncombatant Status.

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Feigning incapacitation
by wounds/ sickness.

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Feigning protected status by using UN, neutral, or nations not party to the conflict's signs, emblems, or uniforms.
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Acts that cause

Unnecessary Suffering

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It is especially forbidden to employ arms, projectiles or material calculated to cause unnecessary suffering.

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Use of Expanding Bullets
-Hollow Points

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Use ofNon-detectable Fragments -Glass or Plastic Munitions

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Use of Poison (Chemical) -Nerve Agents, Blister Agents, Blood Agents

• Altering Weapons o -Ammunition
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Weapons may be illegal
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Per se

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By improper use

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By agreement or prohibited by specific treaties

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Hollow point ammunition

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Fragmentation

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Chemical Weapons

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Requirements to protect
prisoners of War and detainees.

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Search the POW

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Silence the POW

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Segregate the POW

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Safeguard the POW

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Speed to the rear.

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Examples of Measures Designed to Protect

Civilian Property from the
Consequences of Combat.

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It is always unlawful to intentionally target civilians or civilian property.

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Combatants should take all reasonable steps to shield civilians and their property from the unintended consequences of combat (Collateral Damage)

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Civilian Property may only be taken for a legitimate military need.

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Make minimization of collateral damage a key factor in the targeting process.

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Do not treat several military targets located in a general civilian area as one large target.

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Examples ofMeasures Designed to Protect
Civilian Property froll} the

Consequences of Combat.
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Use real or artificial observation assets for indirect fire mISSIons.

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Civilian Property may only be tak:en for a legitimate military need.

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Treat all non-uniformed personnel not attempting to cause direct injury to your force as civilians.

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Civilians and civilian property must never be intentionally targeted.

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Take all reasonable steps to shield civilians from unintentional harm.

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Never take civilian property without both a military

o need and appropriation procedures.
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POWs have the right to:
• Receive food, shelter and clothing adequate to stay in good health
• Receive medical care
......-..-/ • Send and receive mail

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Keep personal property except weapons, military equipment and certain documents

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Retain their military identification card

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POW s have the right to :
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To be provided copy of the Geneva Conventions in their native language.

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To complain to the camp commander about camp conditions.

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Practice their religion.

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Due process in trials for any offenses committed while in captivity.

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Duties towards Prisoners of War
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Afford POW protections until directed otherwise by the appropriate commander.

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Treat with Respect and Honor. -respect their sex (separate men from women). -Respect their religion.

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Evacuate POW s in a humane manner

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Provide adequate food, clothing , and shelter.

o o • Provide medical care as necessary.
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Requirements to Report Law of
War Violations

. • DOD DIRECTIVE 5100.77 -DOD Law of War Program
•
CJCSI 5810-01 -Implementation of DOD LOW Program

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FM 27 -10, para. 507

- Department Of the Army Law of Land Warfare
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· Enab ling Learning
Objective B

Identify action to

prevent violation of

the Law ofWar.

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Protect Noncombatants and
Civilians from the Consequences
of Combat

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Do not directly attack.

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Wam prior to bombardment.

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Evacuate from Combat Zone.

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Separate from Military Objectives.

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PROTECT PROPERTY
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Use protective emblems for cultural or medical properties.

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DO NOT loot or pillage.

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Separate protected property or non-military property form military objectives.

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Employ observed fire.

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Examples of protecting POWs
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Removing them from the battlefield as soon as practicable.

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Segregate men and women POWs

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Shield them from public curiosity and abuse.

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Provide medical treatment based upon medical needs only; no adverse distinction

o because they are POWs
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Protect Medical Facilities and
Transports

• Respect the Red Cross/ Red Crescent Emblems
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Allow medical personnel to guard and protect wounded with individual weapons

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Separate from military objectives

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Refrain from using for "Acts Harmful to

the Enemy"
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Prevent Engagement of
Unlawful Targets

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Know and respect symbols for protected persons and property. .

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Do not attack noncombatants or protected property.

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Do not fire indiscriminately. -Use observed fires.

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Follow the Rules of Engagement.

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Actions to Prevent Excessive
Use of Force

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Target specific, military objectives.

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Take reasonable steps to minimize collateral damage.

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Prevent Unauthorized use of

Medical Services Symbols,
Flag of Truce.

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Use symbols of protected status for their intended purposes only.

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Respect the proper use of a flag of truce.

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DO NOT fight in enemy uniforms.

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Prevent Unnecessary
Destruction and Seizure of
Property

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Ensure soldiers understand that civilian property may not be seized or destroyed without il11perative lllilitary necessity.

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Ensure receipts are provided by an officer for any seized property.

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Ensure any requisitions ofproperty are·
authorized by the local commander.

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Prevent Unnecessary Suffering
and Harm
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Minimize incidental injury to civilians.

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DO NOT use weapons indiscriminately.

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Employ observed fire.

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DO NOT use unlawful weapons.

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POWs must:
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Inform their captors of their name, rank, service number, and date of birth.

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Obey all lawful rules established by their captor.

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Perform labor consistent with one's rank, that does not support the war effort and is not humiliating, dangerous, or unhealthy.

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How do I report a W ar Crime ?
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As soon as possible, report, in writing or orally, the event you believe to be a war crime violation to your Commander, the Chaplain, IG, JA or next imlllediate Commander depending on who may be involved.

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Look to specific regulations put out by

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