Right of armed conflicts through the eyes of combatants: how compliance with the rules of war affects the military, the army, the state
The main calling of the right of armed conflict (LOAC) is to limit the means and methods of hostage to protect the civilian population and persons who have ceased to participate in such actions. In other words, the right of armed conflicts regulates the behavior of warring parties to reduce victims among civilians and harm civilian objects. "Many people mistakenly believe that the IGP prohibits the use of force on the battlefield, but in reality it is not so.
The IGP comes into effect at one time with the beginning of armed actions and does not prohibit the use of military force against the opposing side. It only regulates the measure of such force and purpose Attacks, " - says international humanitarian law expert, former military, now veteran, Veteran Hub lawyer Rodion Triastan.
One of the fundamental principles of the IGP refers to the call to the warring parties to distinguish between civilians and military (combatants), civilians and military objects. In particular, it is forbidden to attack civilians and civilian objects, take hostages or use civilians as "living shields", commit violence, resort to robbery, use forbidden weapons, such as chemical, biological, weapons of unprecedented, unmanaged anti-duty mines, etc.
Another principle of IGP - the principle of proportionality - in fact, allows for some harm that may be caused by civilian, if the military advantage gained in a particular attack significantly exceeds such potential harm. However, in any case, international humanitarian law says that all necessary measures should be taken to protect and during the attacks of civilians.
At the same time, all the factors that affect the current situation, including humanitarian and military considerations, should be taken before the analysis. This rule also applies to the choice of weapons for the task of attacking the opposite side.
It is important to take into account what is the radius of the weapon, what is the destructive force, what damage can be caused by these weapons to civilians or civilians that can be along with the target, and whether this type of weapon gives a specific military advantage in this case.
As we can see, the right of armed conflicts does not contain a direct prohibition on hostilities, but instead regulates the limits of allowed actions to protect civilians, wounded soldiers, prisoners of war and persons who use special protection, such as medical, spiritual staff and humanitarian staff. "Any armed aggression within the armed conflict is not forbidden as such in the IGP. The murder of a soldier by a soldier by a soldier of the opposite party is not a criminal crime.
But the violation of the laws of war, the use of prohibited methods of war, such as treachery, torture, torture, torture Violence and use of prohibited weapons will already be regarded as a military crime and prosecuted under international criminal law. It should also be recalled that military crimes do not have a limitation period, that is, guilty of crimes will be found and transferred to the court, " - adds Rodion Triastan.
Therefore, the IGP does not limit the soldier at all, on the contrary - it gives an understanding of how to fulfill its main task, namely to fight, and to do so in accordance with international norms, showing humanity not only to the civilian population, but also by soldiers of the opposite side. This applies, in particular, to the provisions on how to take prisoners of prisoners of war, the ban on torture, without court and investigation.
"The rules of war were designed to reduce the suffering of all parties involved in conflict. And compliance with these rules has many advantages not only for soldiers and armies, but also in a more global sense for states.
It should be understood Attitude towards him is not only a manifestation of humanism, humanity and signs of conscious civilized existence, but also a banal basis for the exchange of this captive on their own military, which is captured by the enemy, " - says Daniel Ridley, the head of the Trident Defense Initiative Training Center From tactics, professional military.
Yes, the international community will support the side of the conflict that conducts military operations in accordance with generally accepted norms. This is not only the general perception of the army as a decent, professional and educated military unit, but also trust in the state leadership. This will be marked by both financial support and military support: supply of additional ammunition and new weapons.
The main requirement here will be precisely in compliance with the fundamental principles of international humanitarian law, namely the principles of distinguishing, proportionality and safety measures when planning and conducting attack. Of course, it is not easy to understand the ordinary soldier in all the legal aspects of the IGP, not all military have a law degree and not all undergo an armed conflict course in the Armed Forces.
However, this is certainly the knowledge that should be in service with modern servicemen. Moreover, constant improvement will be able to influence the change in the attitude of the soldiers to the IHP and even a change in the behavior of the battlefield in the long run. "The behavior of the military during operations is determined by four main factors: military doctrine, training, tactical training, orders.
Therefore, in order for the operations to be carried out in accordance with the legal norms which will contribute to their observance. This does not mean that all the military should know by heart all the legal principles of discipline, because in general the right is actually a set of general rules, sometimes too common to become guidance for practical behavior during battle.
Interpret it, analyze possible operational components and identify the consequences at all possible levels on practical reasoning, " - says Simonnet Bozhinova, Head of the Genaevsky Call of the Genaevsky Call in Ukraine, an international non -governmental humanitarian organization that conducts training and training sessions with IGP for military personnel. -military cooperation.
To help in the accelerated teaching of the basic principles and norms of the law of armed conflicts and rules of war come, the latest modern projects, which focus on the format of transfer of knowledge at the level of Peer-to-peeer (equal equal), ie the military for the military.
For example, recently in the information space of Ukraine was presented a thorough educational video project "Code of Light Warriors", which reveals topics of international humanitarian law in the format of interview with military personnel or relevant to the military sphere by specialists. The Code provides answers to the most common issues of practical application of IGP rules on the battlefield, discuss real examples and analyze the possible consequences of violation of certain rules.
"Indeed, training in IGP is extremely important for modern military, but in the conditions of active fighting it is not always possible to separate the time for training. However, such projects as, for example, the" Code of Light Warriors "just help to master the practical aspects of using the MHP norms on the field battle and encourage a fair and decent battle, even when the enemy does not respect these norms.
After all, light warriors always respect the rules of war, " - said Mamuka Mamulalashvili, commander of the Georgian Legion. The main message of the "Code of Light Warriors" is to show that compliance with the IHL norms is a sign of professional, educated, modern military.