Laws of Armed Conflict

 

The laws of armed conflict, also called International humanitarian law, i sa special branch of law governing situations of armed conflict.


The starting point of any discussion must be that the UN charter prohibits war. The UN charter does not, however, impair the right of a state to resort to force in the exercise of its right to self-defence. The same applies for a third state that comes to the aid of a state being attacked. The UN may also order military action to restore peace.


The laws of armed conflict, the Geneva Convention, does not however, in itself prohibit war. It relates those matters to the UN charter. The laws of armed conflict are applicable whenever an armed conflict actually breaks out, no matter for what reason.


The laws of armed conflict work in two ways. Firstly in that they limit the choice of means and methods of conducting military operations, and secondly in that they are obliged to spare people who do not, or no longer, participate in hostile action.


One important issue is the difference between “Combatants” and “Non-Compatants.” The Combatants are a legitimate military target. It is forbidden to use force against Non-Combatants.


Combatants are:

  1. -Soldiers

  2. -Members of an armed and organized resistance movement, if they carry a regognition mark and carry their weapon, visible during battle.


Non-Combatants are:

  1. -Civilians

  2. -Wounded or sick soldiers, who no longer participate in the hostilities

  3. -Miltary medical personnel

  4. -Chaplains or priests, regardless of religion


All weapons hat inflict unnecessary suffering or superfluous injury are banned by the laws of armed conflict. the laws of armed conflict also forbid indiscriminate attacks. That is, arms or ammunition that can not be accurately directed against military targets.


The soldiers, NCOs or junior officers do not necessarily need to have detailed knowledge of conventions  and treaties. The knowledge of a few simple applied rules, combined with common sense, is sufficient. The Swedish Armed Forces have, over a number of years, taught their military personnel the “Soldier’s Rules”:


  1. 1.Only engage enemy combatants and targets of military value

  2. 2.Do not cause more suffering or bigger harm than necessary to solve Your mission

  3. 3.Do not fire upon an enemy who is wounded or sick

  4. 4.Disarm prisoners and hand them over to Your Commanding Officer

  5. 5.Treat wounded, sick, and disabled, alike, regardless of whether they are our forces, enemy forces or civilians

  6. 6.Respect and protect the civilian population. Avoid, if possible, harm to civilian property. All looting is forbidden

  7. 7.Respect personnel with special recognizable signs, such as the Red Cross and Red Crescent

  8. 8.Act to stop any violations of these rules. Report it to Your Commanding Officer







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