The Law of Armed Conflict with Regard to the Protection of Civilians

reportActive / Technical Report | Accession Number: ADA236528 | Open PDF

Abstract:

U.S. Navy Regulation state that a commander shall observe and require his command to observe the principles of international law. This paper reviews the development and current status of the law of armed conflict LOAC with regard to the protection of civilians. It also gives specific attention to LOAC as it relates to the development of rules of engagement and the commanders position in the chain of command. Although the subject is legal, the intend is to avoid legalism. The author does not presume to possess a lawyers expertise. An attempt is made to demonstrate that LOAC is not merely a conglomeration of legal niceties and utopian illusions, having as their primary effect the obstruction of the operational commander. Rather, LOAC is an evolutionary military, moral, and legal attempt to ensure that in the pursuit of victory, commanders do not betray their duty.

Author(s):
Shewchuk, Michael J.
Author Organization(s):
NAVAL WAR COLL NEWPORT RI DEPT OF OPERATIONS
Descriptive Note:
Final rept.,
Supplementary Note:
DOI: 10.21236/ADA236528
Pagination:
0035

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release; Distribution Is Unlimited.

RECORD

Collection: TR
Identifying Numbers
Monitor Series:
NWC
 Subject Terms
Joint Capability Areas:
JCA_5_Command and Control; JCA_3.2_Engagement; JCA_3_Force Application; JCA_3.2.1_Kinetic Means; JCA_5.2_Understand; JCA_1_Force Support; JCA_1.2_Force Preparation; JCA_5.2.2_Develop Knowledge and Situational Awareness; JCA_6_Net Centric; JCA_1.2.3_Educating; JCA_1.3_Human Capital Management; JCA_6.1_Information Transport; JCA_1.3.1_Personnel and Family Support; JCA_1.2.6_Concepts; JCA_1.4.1_Force Health Protection; JCA_1.4_Force Support; JCA_1.2.4_Doctrine; JCA_5.3_Planning; JCA_8_Building Partnerships; JCA_4.2_Supply; JCA_6.4.1_Secure Information Exchange
Communities of Interest:
Human Systems
Descriptor(s):
*WEAPONS, POSITION(LOCATION), ILLUSIONS, CONFLICT, MILITARY COMMANDERS, INTERNATIONAL LAW, CONTROL, NAVY
Field(s)/Group(s):
Sociology and Law
Keyword(s):
INTERNATIONAL LAW, NAVAL REGULATION, MILITARY FORCES(UNITED STATES), WARTIME, CIVILIAN POPULATION, RULES OF ENGAGEMENT, MILITARY LAW, LOAC(LAW OF ARMED CONFLICT)
Report Date:
1991 Mar 13