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Are there Rules for War? – The Law of Armed Conflict

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March 4, 2022
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Learn more about the Rules which Govern War.

This article addresses the Law of Armed Conflict (LOAC), also called the Law of War, with a quick about the main purpose of the LOAC, applications, and classes of combatants. This article is an executive summary of Army Regulation FM 6-27 The Law of Land Warfare. For more information see the longer version on YouTube.

The main purposes of LOAC are:

Protecting combatants, noncombatants, and civilians from unnecessary suffering.

Providing certain fundamental protections for persons who fall into the hands of the enemy, particularly prisoners of war, military wounded and sick, and civilians.

Facilitating the restoration of peace.

Assisting the commander in ensuring the disciplined, ethical, and effective use of military force.

Preserving the professionalism and humanity of combatants.

Preventing the degeneration of warfare into savagery or brutality

Applications of the LOAC:

Military Necessity: Justifies the use of all measures required to defeat the enemy as quickly and efficiently as possible that are not prohibited by the law of armed conflict. You can target anything that is of military necessity. But you can’t target civilians or hospitals.

Humanity: Basis of protection for civilians; forbids inflicting suffering, injury, damage, or destruction unnecessary to accomplish a legitimate military purpose.

Honor: Also called Chivalry. Demands a certain amount of fairness and a certain mutual respect between opposing forces. This is why we provide medical care to enemy prisoners of war and not just to our own forces.

Distinction: Sometimes called discrimination, is used to distinguish between combatants and military objectives on the one hand and civilians and civilian objects on the other.

Proportionality: Requires commanders to refrain from attacks in which the expected loss or injury to civilians and damage to civilian objects outweigh the expected military advantage.

Classes of Combatants:

Civilians. These are innocent bystanders who are not actively involved in the hostilities.

Lawful Combatants. These are uniformed soldiers.

Spies, Saboteurs, and Other Persons Engaging in Secretive & Hostile Acts. This is James Bond or members of the CIA.

Military Attaches & Diplomatic Representatives of Neutral States. Think of this group as members of a neutral government doing a peace talk or making an inspection of a military hospital or a detention facility.

Certain Humanitarian Personnel. Think of this group as military medical and religious Personnel.

Certain Civilian Supporters of the Armed Forces. These are civilian translators and contractors who directly support the armed forces.

Unprivileged Belligerents. These are civilians who participate in hostilities in so much as they lose the privilege of being considered civilians.

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