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LoAC & PSO
LoAC & PSO
Law of armed conflict (LoAC) is part of international law that determines ways and
bounds of Inter-States and Intra-State relations during armed conflicts. The aim of the
law is to minimize sufferings and miseries of war, primarily by placing restrictions on
military personnel without undermining their martial efficacy.
The LoAC vividly lays down principles cautioning military-men to exercise restraint
and practice professional ethics with clarity of mind that they are not free to do what
they want.
Limitation. In any armed conflict, the opponents at war ought to respect certain
limitations imposed by the law in their choice of means and methods. The
weapons and employment tactics thereof that are of a nature to cause
unnecessary suffering or superfluous injury are prohibited.
Maintenance of International peace and security is the first stated purpose of United
Nations under Chapter 1 of the Charter of the United Nations. UN Security Council is
primarily responsible of accomplishment of this task. PSOs are authorized under UN
Charter Chapter-VI "Pacific Settlement of Disputes" and Chapter-VII "Action With
Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression” which
correspond to Peace Keeping and Peace Enforcement Missions respectively. The
Peace Keeping missions generally monitor and assist development of peace and are
based on three principles: Consent of the parties, Impartiality and Non-use of force
except for self defence. The Peace Enforcement Missions, however, may be authorized
use of force to create favorable conditions for establishment of peace.
UN troops, deployed under mandate of Chapter VII and authorized to use offensive
force, are bound to follow all rules and principles of the LoAC and are equally entitled to
full benefits of those provisions. However, peacekeeping troops deployed under
mandate of Chapter VI and Chapter VII where use of offensive force is not authorized,
are still supposed to follow the essence and principles of the LoAC but this would not
extend to applying strictly all of the provisions therein. For example, when a person is
captured by peacekeeping troops, the captive would not be considered a prisoner of
war. However, he must be treated humanely and in accordance with the Geneva
Convention. Similarly, peacekeeping troop if captured by opponent forces should be
treated fairly, however, in no case a peacekeeper troop can be considered a prisoner of
war.