DOCSLIB.ORG

Reaffirming the Distinction Between Combatants and Civilians: the Cases of the Israeli Army's “Hannibal Directive” And

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Reaffirming the Distinction Between Combatants and Civilians: the Cases of the Israeli Army's “Hannibal Directive” And REAFFIRMING THE DISTINCTION BETWEEN COMBATANTS AND CIVILIANS: THE CASES OF THE ISRAELI ARMY’S “HANNIBAL DIRECTIVE” AND THE UNITED STATES’ DRONE AIRSTRIKES AGAINST ISIS Hilly Moodrick-Even Khen TABLE OF CONTENTS I. INTRODUCTION ................................................................................................. 765 II. REAFFIRMING THE PRINCIPLE OF DISTINCTION ............................................... 766 A. Civilian Perspective .................................................................................. 766 B. Combatant Perspective .............................................................................. 772 C. The War Against Terror ............................................................................ 776 III. THE PRINCIPLE OF PROPORTIONALITY ........................................................... 777 A. Double Effect ............................................................................................ 777 B. Excessiveness ............................................................................................ 778 C. Risks to Civilians Versus Combatants ...................................................... 781 D. Force Protection ........................................................................................ 782 E. Use of Human Shields ............................................................................... 783 IV. CASE ANALYSES ............................................................................................ 786 A. IDF’s Hannibal Directive in Operation Protective Edge........................... 786 B. US Drones in the War against ISIS ........................................................... 790 1. Assessment of Proportionality .............................................................. 790 2. Drone Use in the War Against ISIS ...................................................... 797 V. CONCLUSION ................................................................................................... 800 I. INTRODUCTION This millennium’s intensifying war against non-state actors, including terrorist organizations, has spurred ongoing discussions and debates about how to apply international humanitarian law (IHL) in such conflicts. Two distinct military events, occurring in different state armies, have also triggered such discussion. The first was the capture of Israeli soldier Lt. Hadar Goldin in the tunnels of Gaza during Operation Protective Edge and the decision of the Israel Defense Forces (IDF) to apply its General Staff Directive for Contending with Kidnapping Attempts (Hannibal Directive), which provides methods and procedures for both preventing and frustrating attempted kidnappings of Israeli nationals. The second was US President Obama’s authorization of drone strikes in Iraq and Syria in the fight against the Islamic State in Iraq and Syria (ISIS). These military events resemble each other in a couple of ways, despite the 766 Arizona Journal of International & Comparative Law Vol. 33, No. 3 2016 differences in the technological means of warfare involved. First, the operations were intended to protect friendly combatants’ lives with the awareness that such protection would inflict inevitable risk to civilian lives. Second, they were conducted within the paradigm of a non-international armed conflict; the organizations involved purposely violated the laws of armed conflict— specifically, the distinction between combatants and civilians—by using civilians as human shields. These comparable military events illuminate this article’s central questions: Should the principle of distinction and the protection of civilians be reevaluated in facing the challenges of the war on terror in general and the use of human shields in particular? In addition, how does the use of new technologies that allow removal of combatants from the actual battlefield affect the protection of civilian lives? I contend that while protecting combatants’ lives is a legitimate military interest, it should only be undertaken within the boundaries of the principles of distinction and proportionality. Hence, I argue that the principle of distinction should be reaffirmed and that new technologies adapted to it. I also put forward that, in dealing with the challenge of the illegitimate use of human shields, we must not forsake the principle of distinction. In the first part of this article, I discuss the principle of distinction. I begin with a short description of the normative and the historical development of the principle, then analyze the motivations of belligerents to target civilians in the battlefield from both civilian and combatant perspectives. I claim that these motivations are intensified by the challenges of the war against terrorism, where terrorist organizations violate IHL, particularly the principle of distinction. I nevertheless reaffirm the principle of distinction and that civilians’ lives must be protected. As far as the lives of the state’s combatants are concerned, while the state is obligated to respect and protect them, combatants’ lives are not on par with the lives of civilians. Hence, in the article’s second part, I examine the principle of proportionality, arguing that it is this principle that should govern the protection of combatants lives, rather than the principle of distinction. I particularly consider how the use of human shields could modify the application of the principle of proportionality, at times in favor of combatants’ lives over the lives of civilians. In the third part, I apply my theoretical conclusions to the cases of Israel’s use of the Hannibal directive in Operation Protective Edge and the US use of drone strikes during the campaign against ISIS. II. REAFFIRMING THE PRINCIPLE OF DISTINCTION A. Civilian Perspective The laws of war have determined a long-established, unequivocal prohibition on the intentional killing of civilians in war. This is the “principle of distinction,” and it has been grounded in the ideology and morality of war since Reaffirming the Distinction Between Combatants and Civilians 767 ancient times.1 The principle of distinction serves as one of the core principles of modern IHL theory and practice and was formed by modern nations through “the discourses of civilization” in the nineteenth century.2 These discourses, which intended to “identify collective and individual potential for progress and enlightenment,” were formed “to regulate and moderate war through the refinement of its rules and requirements.”3 Making the distinction between combatants and civilians was one of the means for this moderation.4 In the development of a modern legal and political theory of jus in bello between the 17th and 20th centuries—and particularly in the 19th and 20th centuries5—the principle of distinction has become a core principle in IHL. Several instructions set to distinguish between combatants and non-combatants have been directly incorporated into various instruments of IHL, such as treaties and conventions,6 as well as other instruments, such as the Lieber Code7 and the Oxford Manual of 1880.8 The principle of distinction has also served as an inspiring and guiding instruction in instruments that do not incorporate the principle verbatim: for example, the fourth Hague Convention Respecting the Laws and Customs of War on Land and Annexed Regulations (1907),9 which determined that civilian villages should be protected from attack10 and defined the qualifications of combatants;11 and the fourth Geneva Convention for the Protection of Victims of Armed Conflicts (1949),12 which is dedicated entirely to protection of civilians in times of armed conflicts. 1 Hugo Slim, Why Protect Civilians? Innocence, Immunity and Enmity in War, 79 INT’L AFF. 481, 486 (2003). 2 HELEN M. KINSELLA, THE IMAGE BEFORE THE WEAPON: A CRITICAL HISTORY OF THE DISTINCTION BETWEEN COMBATANT AND CIVILIAN 107 (2011). 3 Id. at 113. 4 Id. 5 Slim, supra note 1, at 494. 6 See, e.g., Protocol Additional to the Geneva Conventions of 12 Aug. 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977, 1125 U.N.T.S. 3, [hereinafter AP(I)]. 7 FRANCIS LIEBER, U.S. WAR DEP’T, INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD (1863) [hereinafter LIEBER CODE]. 8 Institut de Droit International [Inst. of Int’l Law], The Laws of War on Land, (Sept. 9, 1880) [hereinafter Oxford Manual]. In addition, the principle of distinction was adopted in numerous military manuals. See JEAN-MARIE HENCKAERTS & LOUISE DOSWALD- BECK, 1 CUSTOMARY INTERNATIONAL HUMANITARIAN LAW 3 (2005). 9 Convention (IV) Respecting the Laws and Customs of War on Land, with Annex of Regulations, Oct. 18, 1907, 36 Stat. 2277, T.S. No. 539 [hereinafter Hague Regulations] (also referred to as the Fourth Hague Convention). 10 Id. art. 25. 11 Id. arts. 1, 3. 12 Convention Relative to the Protection of Civilians Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.T.S. 287 [hereinafter Geneva Convention IV]. 768 Arizona Journal of International & Comparative Law Vol. 33, No. 3 2016 The normative justifications for the principle of distinction (also called the principle of discrimination)13 are based primarily in just war doctrine (or theory), which was developed by Saint Thomas Aquinas in the 13th century to discuss both the justification of war and the permissible activities in the course of war.14 Just war theory was broadened beyond the limits of the theological discourse and became the model of legal discussion on
Load more

Recommended publications
  • The Relationship Between International Humanitarian Law and the International Criminal Tribunals Hortensia D
    Volume 88 Number 861 March 2006 The relationship between international humanitarian law and the international criminal tribunals Hortensia D. T. Gutierrez Posse Hortensia D. T. Gutierrez Posse is Professor of Public International Law, University of Buenos Aires Abstract International humanitarian law is the branch of customary and treaty-based international positive law whose purposes are to limit the methods and means of warfare and to protect the victims of armed conflicts. Grave breaches of its rules constitute war crimes for which individuals may be held directly accountable and which it is up to sovereign states to prosecute. However, should a state not wish to, or not be in a position to, prosecute, the crimes can be tried by international criminal tribunals instituted by treaty or by binding decision of the United Nations Security Council. This brief description of the current legal and political situation reflects the state of the law at the dawn of the twenty-first century. It does not, however, describe the work of a single day or the fruit of a single endeavour. Quite the contrary, it is the outcome of the international community’s growing awareness, in the face of the horrors of war and the indescribable suffering inflicted on humanity throughout the ages, that there must be limits to violence and that those limits must be established by the law and those responsible punished so as to discourage future perpetrators from exceeding them. Short historical overview International humanitarian law has played a decisive role in this development, as both the laws and customs of war and the rules for the protection of victims fall 65 H.
    [Show full text]
  • Law of Armed Conflict
    Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero.
    [Show full text]
  • Combatant Status and Computer Network Attack
    Combatant Status and Computer Network Attack * SEAN WATTS Introduction .......................................................................................... 392 I. State Capacity for Computer Network Attacks ......................... 397 A. Anatomy of a Computer Network Attack ....................... 399 1. CNA Intelligence Operations ............................... 399 2. CNA Acquisition and Weapon Design ................. 401 3. CNA Execution .................................................... 403 B. State Computer Network Attack Capabilites and Staffing ............................................................................ 405 C. United States’ Government Organization for Computer Network Attack .............................................. 407 II. The Geneva Tradition and Combatant Immunity ...................... 411 A. The “Current” Legal Framework..................................... 412 1. Civilian Status ...................................................... 414 2. Combatant Status .................................................. 415 3. Legal Implications of Status ................................. 420 B. Existing Legal Assessments and Scholarship.................. 424 C. Implications for Existing Computer Network Attack Organization .................................................................... 427 III. Departing from the Geneva Combatant Status Regime ............ 430 A. Interpretive Considerations ............................................. 431 * Assistant Professor, Creighton University Law School; Professor,
    [Show full text]
  • Noncombatant Immunity and War-Profiteering
    In Oxford Handbook of Ethics of War / Published 2017 / doi:10.1093/oxfordhb/9780199943418.001.0001 Noncombatant Immunity and War-Profiteering Saba Bazargan Department of Philosophy UC San Diego Abstract The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers— can be morally liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. 1 In Oxford Handbook of Ethics of War / Published 2017 / doi:10.1093/oxfordhb/9780199943418.001.0001 1. Background 1.1. Noncombatant Immunity and the Combatant’s Privilege in International Law In Article 155 of what came to be known as the ‘Lieber Code’, written in 1866, Francis Lieber wrote ‘[a]ll enemies in regular war are divided into two general classes—that is to say, into combatants and noncombatants’. As a legal matter, this distinction does not map perfectly onto the distinction between members and nonmembers of an armed force.
    [Show full text]
  • Rome Statute of the International Criminal Court
    Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2.
    [Show full text]
  • How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality
    Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2021 Transparency into Darkness: How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality John Bonino Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Law Commons Recommended Citation Bonino, John, "Transparency into Darkness: How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality" (2021). Law School Student Scholarship. 1125. https://scholarship.shu.edu/student_scholarship/1125 INTRODUCTION .......................................................................................................................... 1 I. PRELIMINARY STATEMENT ............................................................................................. 2 II. PRINCIPLE OF DISTINCTION............................................................................................. 4 A. Distinguishing Combatants and Non-combatants ................................................................ 6 i. Medical Personnel ............................................................................................................ 7 ii. Protecting Civilians .......................................................................................................... 9 B. Overcoming the Mens Rea Requirement ........................................................................... 11 III. MILITARY NECESSITY AND THE IHL ......................................................................
    [Show full text]
  • Fm 6-27 Mctp 11-10C the Commander's Handbook on the Law of Land Warfare
    FM 6-27 MCTP 11-10C THE COMMANDER'S HANDBOOK ON THE LAW OF LAND WARFARE AUGUST 2019 DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. This publication supersedes FM 27-10/MCTP 11-10C, dated 18 July 1956. HEADQUARTERS, DEPARTMENT OF THE ARMY HEADQUARTERS, UNITED STATES MARINE CORPS Foreword The lessons of protracted conflict confirm that adherence to the law of armed conflict (LOAC) by the land forces, both in intern ational and non-international armed conflict, must serve as the standard that we train to and apply across the entire range of military operations. Adhering to LOAC enhances the legitimacy of our operations and supports the moral framework of our armed forces. We have learned th at we deviate from these norms to our detriment and risk undercutting both domesti c and international support for our operations. LOAC has been and remains a vital guide for all military operations conducted by the U.S. Governm ent. This fi eld manual provides a general description of the law of land warfare for Soldiers and Marines, delineated as statements of doctrine and practice, to gui de the land forces in conducting di sci plined military operations in accordance with the rule of law. The Department of Defense Law of War Manual (June 20 15, updated December 2016) is the authoritative statement on the law of war for the Department of Defense. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and th e DOD Law of War Manual, the latter takes precedence.
    [Show full text]
  • Al-Qaeda & Taliban Unlawful Combatant
    AL-QAEDA & TALIBAN UNLAWFUL COMBATANT DETAINEES,..., 55 A.F. L. Rev. 1 55 A.F. L. Rev. 1 Air Force Law Review 2004 Article AL-QAEDA & TALIBAN UNLAWFUL COMBATANT DETAINEES, UNLAWFUL BELLIGERENCY, AND THE INTERNATIONAL LAWS OF ARMED CONFLICT Lieutenant Colonel (s) Joseph P. “Dutch” Bialkea1 Copyright © 2004 by Lieutenant Colonel (s) Joseph P. “Dutch” Bialke I. INTRODUCTION International Obligations & Responsibilities and the International Rule of Law The United States (U.S.) is currently detaining several hundred al-Qaeda and Taliban unlawful enemy combatants from more than 40 countries at a multi-million dollar maximum-security detention facility at the U.S. Naval Base in Guantanamo Bay, Cuba. These enemy detainees were captured while engaged in hostilities against the U.S. and its allies during the post-September 11, 2001 international armed conflict centered primarily in Afghanistan. The conflict now involves an ongoing concerted international campaign in collective self-defense against a common stateless enemy dispersed throughout the world. Domestic and international human rights organizations and other groups have criticized the U.S.,1 arguing that al-Qaeda and Taliban detainees in Cuba should be granted Geneva Convention III prisoner of war (POW)2status. They contend broadly that pursuant to the international laws of armed conflict (LOAC), combatants captured during armed conflict must be treated equally and conferred POWstatus. However, no such blanket obligation exists in international law. There is no legal or moral equivalence in LOAC between lawful combatants and unlawful combatants, or between lawful belligerency *2 and unlawful belligerency (also referred to as lawful combatantry and unlawful combatantry).
    [Show full text]
  • Understanding Cyber Collateral Damage
    Understanding Cyber Collateral Damage Sasha Romanosky* & Zachary Goldman** INTRODUCTION In conventional (kinetic) U.S. warfare, there exists a standard methodology for identifying and assessing collateral damage (i.e. accidental damage to civilian targets). Indeed, the U.S. Department of Defense (DoD) relies on a governing document that defines the policy regarding unlawful military targets (no-strike targets), and methods for estimating collateral damage from kinetic military operations.1 The definitions in this document are clear, and the harms against which it aims to protect are tangible because they relate to persons and property. The munitions in the military’s arsenal are defined and well-known, and their properties—blast radius, amount of force delivered, and the like—are well understood. While accidents of course do occur, the anticipated effects of a kinetic operation (collateral or otherwise), are generally straightforward to anticipate, assess, and manage. However, given the interconnectedness of cyber and cyber-physical systems, direct, indirect, and collateral effects can be much more difficult to predict, rendering ineffective traditional approaches to collateral damage estimation (CDE). Indeed, even the notion of clearly defining and considering “damage” within the cyber realm is challenging. For example, how does one estimate harms resulting from an outage of network connectivity caused when an attacker exploits a software vulnerability? How can one evaluate and weigh the collateral impact of a cyber intervention on incommensurable values, such as exposing the IP addresses of anonymous Tor users in order to arrest child pornographers, against international comity concerns that might be implicated by remotely searching foreign computers in contravention of traditional diplo- matic and law enforcement norms? We consider two main questions in this Article.
    [Show full text]
  • INTERNATIONAL HUMANITARIAN LAW Answers to Your Questions 2
    INTERNATIONAL HUMANITARIAN LAW Answers to your Questions 2 THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) Founded by five Swiss citizens in 1863 (Henry Dunant, Basis for ICRC action Guillaume-Henri Dufour, Gustave Moynier, Louis Appia and Théodore Maunoir), the ICRC is the founding member of the During international armed conflicts, the ICRC bases its work on International Red Cross and Red Crescent Movement. the four Geneva Conventions of 1949 and Additional Protocol I of 1977 (see Q4). Those treaties lay down the ICRC’s right to • It is an impartial, neutral and independent humanitarian institution. carry out certain activities such as bringing relief to wounded, • It was born of war over 130 years ago. sick or shipwrecked military personnel, visiting prisoners of war, • It is an organization like no other. aiding civilians and, in general terms, ensuring that those • Its mandate was handed down by the international community. protected by humanitarian law are treated accordingly. • It acts as a neutral intermediary between belligerents. • As the promoter and guardian of international humanitarian law, During non-international armed conflicts, the ICRC bases its work it strives to protect and assist the victims of armed conflicts, on Article 3 common to the four Geneva Conventions and internal disturbances and other situations of internal violence. Additional Protocol II (see Index). Article 3 also recognizes the ICRC’s right to offer its services to the warring parties with a view The ICRC is active in about 80 countries and has some 11,000 to engaging in relief action and visiting people detained in staff members (2003).
    [Show full text]
  • 01-THE PRINCIPLES of DISTINCTION.Indd
    ISSN:1692-8156 THE PRINCIPLES OF DISTINCTION AND PROPORTIONALITY UNDER THE FRAMEWORK OF INTERNATIONAL CRIMINAL RESPONSIBILITY –CONTENT AND ISSUES–* LOS PRINCIPIOS DE DISTINCIÓN Y PROPORCIONALIDAD EN EL MARCO DE LA RESPONSABILIDAD PENAL INTERNACIONAL INDIVIDUAL –CONTENIDO Y PROBLEMÁTICA– MARCO ALBERTO VELÁSQUEZ-RUIZ** Reception date: March 25th, 2009 Acceptance date: April 14th, 2009 TO CITE THIS ARTICLE / PARA CITAR ESTE ARTÍCULO Marco Alberto Velásquez-Ruiz, The Principles of Distinction and Proportional- ity under the Framework of International Criminal Responsibility –Content and Issues–, 14 International Law, Revista Colombiana de Derecho Internacional, 15-42 (2009). * Paper produced within the research group Centro de Estudios de Derecho Internacional y Derecho Global Francisco Suárez S.J., at the Pontificia Universidad Javeriana. ** LLB., Pontificia Universidad Javeriana (2005); International Law Professional Courses, The Hague Academy of International Law (2005) and the Organization of American States (2007); Master candidate in International Law, The Graduate Institute of International and Development Studies – Geneva, Switzerland (2010). The author wishes to thank Professor Vincent Chetail, for his valuable comments and guidance during the writing of this article. Contact: [email protected]. Int. Law: Rev. Colomb. Derecho Int. ildi. Bogotá (Colombia) N° 14: 15-42, enero-junio de 2009 16 MARCO ALBERTO VELÁSQUEZ-RUIZ ABSTRACT This article seeks to illustrate how the Principles of Distinction and Proportionality, coming from
    [Show full text]
  • Law of War Handbook 2005
    LAW OF WAR HANDBOOK (2005) MAJ Keith E. Puls Editor 'Contributing Authors Maj Derek Grimes, USAF Lt Col Thomas Hamilton, USMC MAJ Eric Jensen LCDR William O'Brien, USN MAJ Keith Puls NIAJ Randolph Swansiger LTC Daria Wollschlaeger All of the faculty who have served before us and contributed to the literature in the field of operational law. Technical Support CDR Brian J. Bill, USN Ms. Janice D. Prince, Secretary JA 423 International and Operational Law Department The Judge Advocate General's Legal Center and School Charlottesville, Virginia 22903 PREFACE The Law of War Handbook should be a start point for Judge Advocates looking for information on the Law of War. It is the second volume of a three volume set and is to be used in conjunction with the Operational Law Handbook (JA422) and the Documentary Supplement (JA424). The Operational Law Handbook covers the myriad of non-Law of War issues a deployed Judge Advocate may face and the Documentary Supplement reproduces many of the primary source documents referred to in either of the other two volumes. The Law of War Handbook is not a substitute for official references. Like operational law itself, the Handbook is a focused collection of diverse legal and practical information. The handbook is not intended to provide "the school solution" to a particular problem, but to help Judge Advocates recognize, analyze, and resolve the problems they will encounter when dealing with the Law of War. The Handbook was designed and written for the Judge Advocates practicing the Law of War. This body of law is known by several names including the Law of War, the Law of Armed Conflict and International Humanitarian Law.
    [Show full text]