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Bundesministerium der Verteidigung L A C - M - Joint Service Regulation (ZDv) 15/2 Law of Armed Conflict – Manual – May 2013 DSK AV230100262 Federal Ministry of Defence Berlin, 1 May 2013 I hereby issue the Joint Service Regulation on Law of Armed Conflict – Manual – Joint Service Regulation (ZDv) 15/2 Dr. Thomas de Maizière This regulation supersedes Joint Service Regulation (ZDv) 15/2 ‘Humanitarian Law in Armed Conflicts – Manual’ issued August 1992, which will be destroyed. This Joint Service Regulation (ZDv) must be endorsed by 1 June 2016. Otherwise it will cease to have effect. Proponent: Directorate-General for Legal Affairs (R I 3) 1-4 ZDv 15/2 Preliminary Remarks 1. This service regulation is a manual for military and civilian personnel at all command levels and covers the law of armed conflict. It describes the law of armed conflict from the point of view of the Federal Ministry of Defence at the time this regulation is issued and is an important basis for the instruction of military personnel in international law, which is prescribed in Section 33 of the Legal Status of Military Personnel Act, in courses, exercises and general military training. Future developments of the law and of pre- deployment training for specific operations will be taken into appropriate account by supplements and special information material. 2. The text of the manual is based on important documents of international law. Citations in the text refer to the annex of source documents. Numbers in bold type indicate the reference numbers of these texts. These are followed by numbers and letters indicating individual provisions. 1 3. The publication entitled ‘Documents on International Humanitarian Law’ (Sankt Augustin: Academia Verlag, 2012; 2nd edition), which is published by the Federal Foreign Office, the German Red Cross and the Federal Ministry of Defence, is a comprehensive compilation of texts on the law of armed conflict in both German and English. 4. Proposals for amendments to this service regulation must use the form provided in the Bundeswehr form database and must be submitted to Armed Forces Office Grp DvZentraleBw Kommerner Straße 188 53879 Euskirchen 1 E.g. 16a 46 = Article 46 of the (Hague) Regulations Concerning the Laws and Customs of War on Land. ZDv 15/2 ToC 1 Table of Contents Chapter 1 Historical Development and Legal Basis 101-155 I. Introduction 101-105 II. Historical Development 106-131 III. Legal Basis 132-140 IV. Military Necessity and Humanity 141-142 V. The Binding Nature of International Law 143-152 VI. Tasks of Legal Advisers 153-155 Chapter 2 Scope of Application of the Law of Armed Conflict 201-238 I. Armed Conflicts 201-213 II. Military Operations and Attacks 214-215 III. Localities and Zones under Special Protection 216-220 IV. The End of Hostilities 221-238 Chapter 3 Combatants and Other Persons in Armed Conflicts 301-349 I. General 301-306 II. Armed Forces, Combatants and Combatant Status 307-332 III. Civilian Components, Crews of Merchant Vessels and Civil 333-336 Aircraft IV. Medical and Religious Personnel 337-339 V. Persons Taking Part in Hostilities without Combatant 340-344 Status VI. Spies 345-348 VII. Peculiarities of Aerial and Naval Warfare 349 Chapter 4 Means and Methods of Warfare 401-499 I. General Rules 401-436 II. Means of Warfare 437-477 III. Methods of Warfare 478-490 IV. Parlementaires and Protective Powers 491-499 Chapter 5 Protection of the Civilian Population 501-596 I. General 501-518 II. Civil Defence 519-525 ToC 2 ZDv 15/2 III. Humanitarian Assistance 526 IV. Occupation 527-578 V. Aliens in the Territory of a Party to the Conflict 579-586 VI. Internment 587-594 VII. Human Rights in Occupied or Otherwise Controlled 595-596 Territories Chapter 6 Protection of the Wounded, Sick and Shipwrecked 601-657 I. General 601-612 II. Medical Establishments and Transports 613-623 III. Medical Personnel 624-636 IV. Hospital Zones and Localities 637-640 V. Emblems, Markings and Distinctive Emblems 641-653 VI. Use of Distinctive Emblems in Conflicts and Peacetime 654-657 Chapter 7 Religious Support 701-734 I. General 701-710 II. Protection of Chaplains 711-717 III. Legal Status of Chaplains Retained by a Foreign Power 718-734 Chapter 8 Protection of Prisoners of War 801-851 I. General 801-806 II. Beginning of Captivity 807-825 III. Conditions of Captivity 826-843 IV. Escape of Prisoners of War 844-846 V. Termination of Captivity 847-850 VI. Internment of Members of Enemy Armed Forces 851 Chapter 9 Protection of Cultural Property 901-947 I. General 901-905 II. Specific Provisions for the Protection of Cultural Property 906-947 Chapter 10 The Law of Armed Conflict at Sea 1001-1076 I. General 1001-1023 II. Military Objectives and Protected Objects in Armed Conflict 1024-1044 at Sea III. Special Provisions Concerning Certain Means and 1045-1063 Methods of Naval Warfare ZDv 15/2 ToC 3 IV. Hospital Ships 1064-1076 Chapter 11 The Law of Armed Conflict in and from the Air 1101-1161 I. General 1101-1117 II. Protected Persons – Special Rules Applicable to 1118-1120 Operations in and from the Air III. Protected Objects – Special Rules Applicable to 1121-1142 Operations in and from the Air IV. Blockades and Zones in Operations in and from the Air 1143-1152 V. Precautions in Attacks – Specifics of Operations in and 1153-1157 from the Air VI. Perfidy, Ruses of War, And Espionage in Operations in 1158-1161 and from the Air Chapter 12 The Law of Neutrality 1201-1257 I. General 1201-1204 II. The Rights and Duties of Neutrals 1205-1257 Chapter 13 Non-International Armed Conflict 1301-1328 I. General 1301-1308 II. Minimum Protection Provisions of the Geneva Conventions 1309-1310 III. Protection Provisions of Additional Protocol II 1311-1328 Chapter 14 Missions Carried out under the Auspices of the United 1401-1413 Nations I. General 1401-1406 II. (Multi)national Operations Authorised by the United 1407 Nations III. United Nations Operations 1408-1413 Chapter 15 Enforcement of the Law of Armed Conflict 1501-1541 I. General 1501 II. Dissemination of the Law of Armed Conflict 1502-1505 III. Criminal and Disciplinary Measures 1506-1523 IV. Responsibility of Superiors 1524-1525 V. Maintenance of Discipline 1526 VI. Mutual Interests of the Parties to the Conflict 1527 VII. Reprisals 1528 ToC 4 ZDv 15/2 VIII. State Responsibility 1529 IX. Protecting Powers and Their Substitutes 1530-1532 X. International Investigation and Diplomatic Activities 1533-1538 XI. International Committee of the Red Cross 1539 XII. Non-Governmental Organised Armed Groups 1540 XIII. Public Opinion 1541 List of References Index ZDv 15/2 9 Chapter 1 Historical Development and Legal Basis I. Introduction 1. General 101. The United Nations was founded, in the words of its Charter, ‘to save succeeding generations from the scourge of war.’ Modern international law does not grant nations a right to war. There is, on the contrary, a duty to maintain peace. The threat or use of force is inconsistent with the aims of the United Nations, especially the maintenance of international peace and security (34 1 no.1). Member States, which have included Germany since 18 September 1973 1, may not resort to it (prohibition of the use of force, 34 2 no.4). As a rule, member States may resort to force only − to defend against an armed attack in the exercise of their inherent right of individual or collective self-defence in accordance with Article 51 of the Charter of the United Nations, or − as part of military sanctions in accordance with Chapter VII of the UN Charter, authorised by the United Nations Security Council in the event of a threat to the peace, breach of the peace, or act of aggression. In addition to the prohibition of the use of force there is a commitment to the peaceful settlement of disputes (34 2 no.3). Peacetime law (34 2 no.4, ‘general prohibition of the use of force’) is thus the rule, the law of armed conflict (LOAC) the exception. 102. LOAC is an evolution of the traditional law of war (ius in bello). The rules of LOAC must be applied in armed conflicts 2 even if these are not perceived by the Parties involved as wars in the traditional sense. The term ‘law of armed conflict’ is a reflection of this development. The rules of LOAC must be observed by Parties to a conflict and will be 1 Resolution 3050 adopted by the UN General Assembly on 18 September 1973. 2 In order to ensure the applicability of pertinent provisions of international law to all international conflicts involving armed force irrespective of the existence of a ‘state of war’ (in the traditional sense, this typically required a declaration of war), the term ‘armed conflict’ has become the term of choice in codified international law after World War II. 10 ZDv 15/2 applicable irrespective of an explicit declaration of war and regardless of which Party is responsible for the outbreak of the armed conflict. 2. The Purpose of the Law of Armed Conflict 103. The purpose of LOAC is to limit the suffering caused by war. The fundamental principle underlying all provisions of LOAC is the balance of two competing interests: on the one hand the considerations of military necessity and on the other the protection of the principle of humanity in armed conflicts. 104. LOAC restricts the use of force in the fight against an adversary. It comprises the entire set of rules established to protect humans in armed conflicts. It contains provisions on the protection of the civilian population, the wounded, and prisoners of war (individual protection) and details the permissible methods and means of warfare.
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