"NICOLAE BALCESCU" LAND FORCES ACADEMY SIBIU

LAW Of ARMED CONFLICT - EXAM – 05.06.2020

Military Leadership, Year II,
Name: Dungaciu Constantin
Group: 21 B
TIME: 60 minutes

Case Study (9 points):

Following the bloody attacks organized by the GAMA armed group in the ALFA state,
where thousands of civilians died, the ALFA government has decided to attack GAMA bases
in the BETA state. They used rockets with sarin gas and phosphorus against rebels, without
affecting civilian population.
The BETA government opposed this action, retaliating against the ALFA state and
supporting GAMA armed group. The ALFA and BETA States are signatories to Geneva
Conventions of 1949 and their Additional Protocols of 1977.
An ALFA commando is sent to the enemy territory to identify and destroy an important
supply centre of the adverse forces. The ALFA commando, using specific camouflage means,
managed to penetrate the enemy territory and identify the target. This is, however, much
better defended than expected. Under these circumstances, the ALFA commander decides to
dress in BETA's uniforms in order to enter the base and plant the bombs. The mission failed,
and the commando members were captured and executed by GAMA members, under BETA
command.
In order to deal with the offensive of the ALFA forces, the BETA went to mining all the
land on the front line and installing traps in the forested areas. Also, in order to destabilize the
adverse forces, the BETA forces launch offensive projectiles to eliminate gas which contains
a highly contagious virus that causes blindness and deafness. The ALFA soldiers they
captured were executed or imprisoned.
Because ALFA forces are unable to conquer the capital of the BETA state, the
commander of the front line has decided to use artillery to destroy important defensive points.
The attack was launched without warning, the ALFA commander arguing that the civilian
population is already being sheltered. After the attacks, thousands of deaths were recorded,
the artillery shooting strikes 2 civilian hospitals and a school. One of the most important
museums in the city was destroyed by the artillery.
After heavy fighting, the BETA and GAMA forces were defeated and removed from
power, and a pro-ALFA political regime was established in the BETA state.
However, the GAMA armed group, which has cells in several states, continued to fight
against ALFA state allied with the new BETA government, by new bloody attacks. GAMA
members come from several states and do not have a uniform or distinctive sign.
Governmental forces use to kill all GAMA members that they capture. GAMA members often
use human shields and hostage-taking in their actions.

Questions:
I. What are the subjects of international humanitarian law in the conflict and what
is their status? (1,5 points)
The Alfa and Beta states are signatories to the Geneva Conventions of 1949 and their
Additional Protocols of 1977.
Alfa state , main subject, belligerent
Beta state, main subject, cobelligerent.
Gama non-state armed group, secondary subject , belligerent.
II. What type of armed conflict is and what rules apply to it? (2 points)
- Parties to the conflict: Gama non-state armed group against the Alfa state.
Type: international armed conflict
Rules (articles from conventions):
Art.2 common to G.C. 1949 (armed conflict between at least 2 states) and art.1 P.I 1977
(develops common art.2)
III. What status applies to the fighters in the two camps? (1,5 points)
- Status: the status of the combatant is applied / those captured are prisoners of war
Rules (articles/ principles):
-"jus ad bellum", in time was also setting up "jus in bello"
- art.1,2,3 R.A. H.C. IV 1907 (Regulations annexed to the Fourth Hague Convention)
- art.4 G.C. III 1949 (this article is applied indirectly, it is intended to regulate the
categories of prisoners of war, from which the categories of combatants are deduced)
- particularities: different particular situations may arise, depending on the context;
these particular situations are analysed separately; it can be about fighters who have violated
the principle of distinction (perfidy), spies, mercenaries, etc.
- Articles 43 and 44 P.I 1977
IV. What means and methods of warfare are used and where are they regulated?
(2 points)
-The methods of warfare used are the use of camouflage, which are not perfidy, but they
are allowed during the war.
 V. What IHL rules are violated and where are they regulated? (2 points)
Violations/ regulations (articles/treaties)/ crime type:
- the status of the combatants / fighters / the principle of distinction - the perfidy
- the use of prohibited means and methods of war
- IHL principles
- protection of civilians
- protection of the wounded, sick, shipwrecked
- protection of special categories (doctors, priests, etc.)
- protection of prisoners / detainees
- protection of cultural goods
- the rules of military occupation, etc.
- Violations can be war crimes, crimes against humanity, genocide
War crimes -grave breaches of the IHL. The first document defining war crimes is the
Statute of the International Military Tribunal in Nuremberg.
Crime type: genocide. The first international legal document that criminalizes genocide
is the "Convention for the Prevention and Suppression of the Crime of Genocide," adopted by
the United Nations General Assembly on 9 December 1948.
In Article 6, the Statute of ICC defines genocide as being „any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group