This is a comparison of China's contract law with the U.S. contract law. It discusses the restrictions placed upon military members and commanders in the conduct of operations in both international and non-international armed conflicts.
This is a comparison of China's contract law with the U.S. contract law. It discusses the restrictions placed upon military members and commanders in the conduct of operations in both international and non-international armed conflicts.
All personnel must be aware of the basic rules of the law of armed conflict, including the practical application of the principles of military necessity, proportionality, distinction and humanity.
LOAC demands proportionality, ensuring any harm inflicted on civilians is incidental and minimal compared to the anticipated military advantage. Necessity: Every bullet fired, every bomb dropped, should serve a specific military objective. Indiscriminate attacks or excessive force are strictly prohibited by LOAC.
It then presents the four fundamental principles of the law of armed conflict, which serve as the foundational framework for any analysis of rights, obligations, and privileges in situations of conflict: military necessity, humanity, distinction, and proportionality.
The law of armed conflict is made up of customary international law and treaty law.
Military necessity, along with distinction, proportionality, humanity (sometimes called unnecessary suffering), and honor (sometimes called chivalry) are the five most commonly cited principles of international humanitarian law governing the legal use of force in an armed conflict.
Do not attack civilians or civilian objects. opposing forces in conducting operations. Attacks, in offence or defence, must only be directed at opposing forces.
− Military necessity: justifies all measures not otherwise prohibited by international law to bring about the prompt submission of the enemy in the most efficient manner. − Humanity: prohibits the infliction of suffering that cannot be justified by military necessity.
The principle of proportionality (Article 51(5) (b) API) states that even if there is a clear military target it is not possible to attack it if the expected harm to civilians, or civilian property, is excessive in relation to the expected military advantage.
The principle of proportionality prohibits attacks against military objectives which are “expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”.
For example, the core of the law of armed conflict, the 1949 Geneva Conventions, has been accepted by almost every member State of the United Nations. The law is therefore quite simply your State's law. It is binding on you as a member of the armed forces of your State.