The Commander S Handbook On The Law Of Land Warfare Fm 6 27 Mctp 11 10c
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The Commander's Handbook on the Law of Land Warfare (FM 6-27) (MCTP 11-10C) by Headquarters Department Of The Army Pdf
DOD policy requires "[m]embers of the DoD Components comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations" (Department of Defense Directive [DODD] 2311.01E). This publication addresses topics that are also addressed in the DOD Law of War Manual. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and the DOD Law of War Manual, the latter takes precedence. In many cases, any apparent conflict or discrepancy may be due to this publication's efforts to provide guidance to Commanders by describing legal concepts more generally rather than exhaustively as found the DOD Law of War Manual. In certain instances, this publication will set out a current policy or practice for Army and Marine forces rather than a legal requirement.
Author : United States Government Us Army Publisher : Unknown Page : 204 pages File Size : 47,6 Mb Release : 2019-08-15 Category : Electronic ISBN : 1686432054
Field Manual FM 6-27 MCTP 11-10C The Commander's Handbook on the Law of Land Warfare August 2019 by United States Government Us Army Pdf
This publication, Field Manual FM 6-27 MCTP 11-10C The Commander's Handbook on the Law of Land Warfare August 2019, provides guidance to Soldiers and Marines on the doctrine and practice related to customary and treaty law applicable to the conduct of warfare on land and to relationships between opposing belligerents, in order to train and prepare for combat operations. Although some of the legal principles set forth herein also apply to warfare at sea and in the air, this publication otherwise concerns itself with the rules peculiar to naval and aerial warfare only to the extent that such rules have some direct bearing on the activities of Soldiers and Marines operating on land.Commanders, staffs, and subordinates must ensure that their decisions and actions comply with applicable U.S., international, and in some cases host-nation laws and regulations. Commanders at all levels will ensure that their Soldiers or Marines operate in accordance with the law of armed conflict (LOAC) and applicable rules of engagement. This is an official publication of the U.S. Army and a referenced publication for the U.S. Marine Corps. The principal audience for this publication is Army and Marine Corps commanders as well as Army and Marine Corps judge advocates. Commanders and staffs of Army and Marine Corps headquarters serving as joint task force or multinational headquarters should also refer to applicable joint or multinational doctrine. Trainers and educators throughout the Army and Marine Corps will also use this publication where appropriate. This publication often describes legal concepts in general terms for non-lawyers rather than exhaustively.
Field Manual Fm 27-10 Mctp 11-10c the Law of Land Warfare December 2017 by United States Government Us Marine Corps Pdf
Field Manual FM 27-10 MCTP 11-10C The Law of Land Warfare December 2017 A list of the treaties relating to the conduct of land warfare which have been ratified by the United States. with the abbreviated titles used in this Manual, is set forth in the abbreviations section of this manual. The official English texts or a translation of the principal treaty provisions are quoted verbatim in bold type in the relevant paragraphs throughout the Manual. It should be noted, however, that the official text of The Hague Conventions of 18 October 1907 is the French text which must be accepted as controlling in the event of a dispute as to the meaning of any provision of these particular conventions. (See TM 27-251.) The 1949 Geneva Conventions for the Protection of War Victims have been ratified by the United States and came into force for this country on 2 February 1956. The effect of these four conventions upon previous treaties to which the United States is a party is discussed in detail in paragraph 5 of the text. Each of The Hague Conventions of 1899 and 1907 and each of the Geneva Conventions of 1864, 1906, and 1929 will, of course, continue in force as between the United States and such of the other parties to the respective conventions as have not yet ratified or adhered to the later, superseding convention(s) governing the same subject matter. Moreover, even though States may not be parties to, or strictly bound by, the 1907 Hague Conventions and the 1929 Geneva Convention relative to the Treatment of Prisoners of War, the general principles of these conventions have been held declaratory of the customary law of war to which all States are subject. For this reason, the United States has adopted the policy of observing and enforcing the terms of these conventions in so far as they have not been superseded by the 1949 Geneva Conventions which necessarily govern the relations between the parties to the latter (see pars. 6 and 1 of the text). The essential provisions of each of the earlier conventions mentioned above have been substantially incorporated into the more recent and more comprehensive conventions on the same subject matter, so that observance of the latter will usually include observance of the former. For this reason, only the more recent 1949 Geneva Conventions and the relevant provisions of the 1907 Hague Conventions are quoted in this Manual. Pertinent information concerning the current status of ratifications, adherences, reservations, and denunciations (withdrawals) will be transmitted by higher authority to commanders in the field, as occasions, arise, thus enduring unnecessary the inclusion of such data in this Manual, and avoiding the frequent changes that such inclusion would entail. Whenever possible, this Manual should be used in conjunction with TM 27-251, Treaties Governing Land Warfare.
Nuclear Weapons and International Law by Charles J. Moxley Pdf
This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization. He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful. Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society’s addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.
The Additional Protocols to the Geneva Conventions in Context by Annyssa Bellal,Stuart Casey-Maslen Pdf
The Additional Protocols to the 1949 Geneva Conventions remain a landmark in the development of international humanitarian law. The first two Additional Protocols were adopted by states in 1977. These protocols encompass the rules governing the treatment and protection of those in the power of an enemy, as well as the conduct of hostilities. Crucially, they address non-international armed conflicts and wars of national liberation. In 2005, a third additional protocol designating an additional distinctive humanitarian emblem was adopted in controversial circumstances. The Additional Protocols to the Geneva Conventions in Context interprets the key rules and issues of the Additional Protocols and considers their application and implementation over the past forty years. Taking a thematic approach, the book examines subjects including the protection of women, armed non-state actors, relief operations, and prohibited weapons. Each chapter discusses the pertinence of existing laws, the challenges raised by the rules in the Additional Protocols, and what more could be done to better protect civilians. This book also considers whether new technologies, such as offensive cyber operations and autonomous weapons, need new treaty rules to regulate their application in armed conflict.
Ethical Dilemmas in the Global Defense Industry by Daniel Schoeni,Tobias Vestner Pdf
The defense industry develops, produces, and sells weapons that cause great harm. It operates at the intersection of the public and private sectors, with increased reliance on technology companies. Although such firms exist primarily to serve their host states, they routinely interact with foreign legal systems and diverse cultures. This context creates unique ethical challenges. That being the case, is the defense industry ethically defensible? How should it be regulated? How should it respond to worrisome technological developments such as autonomous weapons systems? How should business be conducted in countries where bribery is the norm? To what extent can this industry's intrinsic ethical problems be overcome? This book addresses such questions, bringing together the diverse perspectives of scholars and practitioners from academia, government service, the military, and the private sector. It aims to inform a discussion about the moral and legal challenges facing the global defense industry and to introduce solutions that are innovative, effective, and practical.
Author : Michael N. Schmitt,Christopher J. Koschnitzky Publisher : Oxford University Press Page : 481 pages File Size : 53,5 Mb Release : 2023 Category : Law ISBN : 9780197663288
Prisoners of War in Contemporary Conflict by Michael N. Schmitt,Christopher J. Koschnitzky Pdf
"The International Committee of the Red Cross' release of its 2020 Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, which updated the existing 1960 "Pictet Commentary," drew global attention to the international humanitarian law governing prisoners of war POWs. This book contributes to the dialogue with a collection of capita selecta identified by the contributors as meriting examination. Part I examines qualification for POW status from two angles. Four contributions deal with types and domains of warfare - proxy, fluid, maritime, and space. The remaining three take on issues regarding the status of detainees set forth in Article 4 of the Third Geneva Convention, specifically combatants, civilians accompanying the force, and members of a levée en masse. Part II discusses the treatment to which POWs are entitled. Topics range from a broad survey of key issues regarding POW treatment in contemporary conflicts to narrow topics that have created confusion or proven challenging in practice. The book concludes with Part III's consideration of the historical relevance of, and perspectives on, the international law governing POWs"--
The Law in War by Geoffrey S. Corn,Ken Watkin,Jamie Williamson Pdf
The Law in War offers an insightful roadmap to understanding a broad range of operational, humanitarian, and accountability issues that arise during armed conflict. Each chapter provides a clear and comprehensive explanation of the impact that international law has on military operations. The second edition has been fully revised to reflect recent advances in international humanitarian law and expands the analysis to include as a brand-new chapter on international human rights law, which addresses issues such as the conduct of law enforcement during hostilities. With a particular focus on updates concerning the status of combatants and unprivileged belligerents, the protection of civilians, targeting, the treatment of POWs and detainees, weapons law, air and missile warfare, naval warfare and neutrality, command responsibility, and accountability. New material has also been added to address the increasing involvement of private security contractors in warfare. The Law in War is an ideal text for students in a variety of domains, to include international humanitarian law, international human rights law, international relations, and military science. It is also a valuable resource for those involved in the planning, execution, and critique of military operations across the spectrum of conflict.
The Woomera Manual on the International Law of Military Space Operations by Jack Beard,Dale Stephens Pdf
The Woomera Manual on the International Law of Military Space Activities and Operations is the first comprehensive examination on international law of military space activities, covering all aspects across times of peace, tension or crisis, and armed conflict. It analyses the rapidly changing development of space by both states and NGOs.
International Law and Armed Conflict by Lauroe R. Blank,Gregory P. Noone Pdf
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict
Necessity and Proportionality in International Peace and Security Law by Claus Kreß,Robert Lawless Pdf
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
Empirical Assessment in IHL Education and Training by Jody M. Prescott Pdf
Beginning with People on War, the ICRC’s ground-breaking global survey in 1999 of the international public’s perceptions and attitudes towards IHL, the book takes a historical approach in examining case studies of the use of empirical assessment in IHL training over the last twenty years. The case studies include the evolution of the ICRC’s approach to IHL training, the views on IHL of newly promoted U.S. Army and Marine Corps majors in the aftermath of 9/11, mental health surveys of U.S. troops deployed to Afghanistan and Iraq that asked searching questions regarding IHL compliance, the remarkably successful battlefield ethics training program that was developed in Iraq to reverse those surveys’ results, and work done with Swiss Military Academy officers, new Malian soldiers, a U.S. Army battalion in Germany, and university students in Ireland and Japan using war video games as an IHL instructional tool. The use of empirical assessment is occurring in the context of evolution in the approach to IHL training, one that increasingly recognizes the vital role played by military leaders in developing a values-oriented culture of compliance with the soldiers in their units.
