Law of Armed Conflict

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.

Sources of the Law of Armed Conflict

LoAC is based on following sources:

 Customary International Law. Since beginning, armed conflicts are govern by

certain customs and traditions formulated on humanitarian basis. These customs
and traditions of warfare have been developed as Customary International Law.
 Geneva Conventions. The four Geneva Conventions of 1949 lay down rules for
protection of Wounded and Sick in the field; Wounded, Sick and Shipwrecked at
sea; Prisoners of War (PW); and Civilians. A couple of additional protocols were
developed in 1977 expanding the protection cover.
 The Hague Conventions of 1907. The law is aimed at regulating conduct of
operations, by defining do’s and dont’s of fighting, for instance, what can be
attacked and how should it be attacked. It endeavors to restrict conflict’s
devastation to minimum that is required to accomplish the mission goal.

Basic Principles of the Law of Armed Conflict

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.

 Distinction. A clear distinction must be made between combatants and civilians,

where combatants can be attacked anytime, except “hors de combat” (put out of
action through sickness, injury, or captivity), while civilians must be avoided
except once actively participating in hostility.

 Proportionality. While a military target is being attacked, utmost effort be made

to avoid damage to any civilian personnel or objects, if unavoidable, the
incidental or collateral damage must be minimized. The magnitude of incidental
damage must be weighed against the anticipated military gain in the specific
mission, if disproportionate; the mission may be called off.

 Military Necessity. This principle is enshrined in the preamble to the 1868 St

Petersburg Declaration, which states that “the only legitimate object which States
 should endeavor to accomplish during war is to weaken the military forces of the
enemy” and that “for this purpose it is sufficient to disable the greatest possible
number of men”. Military necessity is built-in to the law; however, it cannot be
invoked to justify violations of the law.

 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.

 Humane Treatment and Non-Discrimination. All personnel not actively

engaged in hostility must be treated humanely and without discrimination. It
includes all those who are out of action such as surrendered troops, ejected
aircrew, the wounded, prisoners of war and other captives.

Peace Support Operations (PSO)

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.

Peace Supports Operations have clearly defined Rules of Engagements strictly in

compliance of LoAC. A ‘Soldier’s Card’ is issued to troops deployed for any UN mission,
while the instructions may vary with respect to specific mission, they are based on
following general Code of Conduct:
 Engage only hostile forces and military objectives.
 To achieve any military objective, use only the necessary force that causes the
least amount of collateral damage.
 Do not alter weapons or ammunition to increase suffering.
 Treat wounded and sick alike, whether friend or foe.
 Treat all civilians with respect.
 Respect civilian property.
 Looting is prohibited.
 Do not attack those who surrender.
 Treat all detainees in accordance with Geneva Convention, they are to be
provided adequate food, water, shelter, protection and medical care and not to be
tortured or physically abused in any way.
 Respect all cultural objects (museums, monuments, etc) and places of worship
 Respect all persons and objects bearing the Red Cross/Red Crescent and other
recognized symbols of humanitarian agencies.
 Report and take appropriate steps to stop breaches of these rules. Disobedience
of the LoAC is a crime, it adversely affects the accomplishment of the mission,
discredits the Force and renders the violator liable to punishment.