Individuals who cannot benefit from this status are nonetheless protected by the minimum rights and fundamental guarantees to which all individuals are entitled under the 1949 Geneva Conventions. [48], With regard to UN operations and personnel, members of a UN military force stationed and operating in any given conflict theatre must also comply with the applicable provisions and spirit of LOAC in all their interactions and dealings.[49]. 0000001176 00000 n The International Criminal Tribunals considered the definitions of the categories of people protected by the four Geneva Conventions and their Additional Protocols. Thus, both in Europe and in Asia, conditions were swiftly created by the victorious Allies which, in the name of peace, cleared the way for the renewal of war (Churchill, ibid., p. 10). 0000067597 00000 n 0000092096 00000 n On the national level, obedience to the LOAC within an armed conflict is the mark of a civilised, human-respecting, law-abiding, chivalrous and merciful nation. When speaking of the rights of combatants, it is absolutely necessary to recognise the basic duality inherent in being a combatant within an armed conflict: the basic fact that while all combatants taking an active, direct part in armed hostilities within a conflict may indeed lawfully engage, attack and kill other active combatants in an armed conflict. [96] The defence of duress: Relies on the existence of facts to show that the accused did not act of his or her own free will, but was forced to carry out the crimes instigated by another.[97] It is important to note, however, that while the defence of duress may mitigate punishment for lesser crimes of the LOAC, it is not available as a defence for crimes involving the killing of innocent people. Hn@`a';3c&P)P 9). On the individual level, obedience to the LOAC within an armed conflict reduces human suffering and honours adherents, while disobedience increases human suffering and brings personal dishonour which may even lead to legal prosecution and punishment as a war criminal for the commission of war crimes. Thus the final safeguard of a long peace was cast away. [55] Derbyshire, Section Four: When and to Whom Does LOAC Apply, 149.335 Law of Armed Conflict, op. 0000089344 00000 n 149.335: Objects and places specially protected under LOAC in Section Six: Objects and Places Specially Protected Under LOAC and Targeting, p. 12, 149.335 Law of Armed Conflict, ibid. The purpose of warfare was to overcome the enemy state, which could be done by disabling the enemy combatants.
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