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.
New Hampshire Basic Principles of The Law of War
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The principle of distinction between civilians and combatants, and between civilian objects and military objectives; the principle of proportionality, the principle of military necessity (from which flows the prohibition of superfluous injury and unnecessary suffering.
Three interdependent principlesmilitary necessity, humanity, and honorprovide the foundation for other derivative LOAC principlesmost importantly, distinction and proportionalityas well as most of the treaty and customary rules of LOAC.
4. 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.
Principles of the laws of warMilitary 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.
Weapons and tactics that are of a nature to cause unnecessary suffering or superfluous injury are prohibited. The purpose of the second sentence of this principle is to prohibit weapons which cause more suffering or injury than is necessary to put enemy combatants out of action.
The rules of war, or international humanitarian law (as it is known formally) are a set of international rules that set out what can and cannot be done during an armed conflict. The main purpose of international humanitarian law (IHL) is to maintain some humanity in armed conflicts, saving lives and reducing suffering.
Basic principles of IHLthe distinction between civilians and combatants;the prohibition of attacks against those hors de combat;the prohibition on the infliction of unnecessary suffering;the principle of proportionality;the notion of necessity;the principle of humanity.
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.