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.
The Pennsylvania Basic Principles of the Law of War refers to a set of guidelines that outline the fundamental principles and rules governing armed conflicts. These principles are intended to ensure the protection of individuals and minimize the impact of hostilities on civilians, prisoners of war, and other affected entities. The Pennsylvania Basic Principles are considered significant in shaping international humanitarian law and promoting accountability in situations of armed conflict. The Pennsylvania Basic Principles of the Law of War encompass the following key principles: 1. Distinction: This principle requires parties to a conflict to distinguish between legitimate military targets and civilians or civilian objects. It prohibits the intentional targeting of non-combatants and stresses the need to undertake all feasible precautions to avoid civilian casualties. 2. Proportionality: Parties to a conflict are obligated to ensure that the anticipated military advantage gained from an attack is not excessive in comparison to the expected harm to civilians or civilian objects. This principal aims to prevent disproportionate use of force that may cause indiscriminate harm to civilians. 3. Necessity: The principle of necessity dictates that parties to a conflict should employ only the degree and type of force necessary to achieve their legitimate military objectives. It prohibits excessive or superfluous use of force, emphasizing the importance of minimizing the impact on non-combatants and their property. 4. Humanity: This principle requires humane treatment of all individuals affected by armed conflicts, irrespective of their nationality or affiliation. It prohibits torture, cruel treatment, and the use of unnecessary force. It also mandates the provision of medical assistance and protection to the wounded, sick, and captured individuals. 5. Prohibition of reprisals: The Pennsylvania Basic Principles explicitly prohibit the use of reprisals, which are acts of retaliation against individuals who are protected by international humanitarian law. This ensures that parties to a conflict do not engage in actions that would otherwise be illegal under the pretext of seeking revenge or retribution. There are no different types of Pennsylvania Basic Principles of the Law of War as they constitute a single framework that covers the core principles applicable in armed conflicts. However, it is worth noting that these principles are part of a broader body of international humanitarian law, which encompasses additional regulations and treaties addressing various aspects of armed conflicts, such as the treatment of prisoners of war, the protection of cultural property, and the prohibition of certain weapons. Keywords: Pennsylvania Basic Principles, law of war, armed conflict, international humanitarian law, distinction, proportionality, necessity, humanity, prohibition of reprisals.
