Monday, October 28, 2013

MARITIME INTERNATIONAL LAW PART 29

MORE ON THE LAW OF ARMED CONFLICT:

File:Berner Iustitia.jpg  MORE DETAILED RULES ON THE LAW OF ARMED CONFLICT

 As stated earlier , the practical aspects of the Law of Armed Conflict deal with forbidden targets, tactics, ans weapons. Let's examine these in more detail. 

TARGETS:
 Among human beings ONLY LAWFUL COMBATANTS ARE PROPER TARGETS, again as previously mentioned, "lawful" in this sense means engaged directly in combat for targeting purposes "lawful combatants" may be "lawful" in the sense that they are proper members of nation state military forces, or they may be "unlawful" as in terrorists or other combatants taking to arms for reasons other than the orders of a national sovereign.

 Sea services personnel should not assume everyone in uniform is a lawful combatant for targeting purposes. All persons participating in military operations or activities are considered combatants. All others are not considered combatants.  While uniformed military personnel are combatants, their uniformed medical and religious personnel must be considered non-combatants. The presence of non combatant uniformed personnel aboard an otherwise permitted target such as a combatant ship or boat does not preclude attack upon a target. However, sniping at corpsmen or stretcher bearers in the field would be prohibited. 

 Guerrillas often mix with civilians and dress in civilian cloths complicating the task of sorting out the combatants from the non-combatants. However, armed civilians attacking your position certainly are considered combatants.

 Non combatants must not be attacked. Non-combatants include not only enemy civilians, medical personnel, and chaplains but also prisoners of war, and enemy shipwrecked, sick, and wounded personnel. To quote the Law of Armed Conflict (NAVEDTRA 112-A:

 "Humane treatment of non-combatants mat produce valuable information or active support for you, and can deny support for the enemy. Mistreatment only serves the interest of the enemy.

TO BE CONTINUED: NEXT, Destruction and your mission, protected property, medical symbols, forbidden tactics.   


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