Basic Principles Underlying The Rules of Warfare

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What are the three basic principles underlying the rules of warfare?

1) principle of
military necessity Under this principle, the belligerents may, subject to the other
principles, employ any amount and kind of force to compel the complete
submission of the enemy with the least possible loss of lives, time and money.
Measures such as sieges, blockades, bombardments, and devastation of
property, which may involve direct hardships on the non-combatants within the
area affected, are undertaken under this principle.

principle of humanity This principle prohibits the use of any measure that is not
absolutely necessary for the purposes of the war, such as the poisoning of wells
and weapons, the employment of dumdum or expanding bullets and asphyxiating
gases, the destruction of works of art and property devoted to religious or
humanitarian purposes, the bombarding of undefended places, and attack of
hospital ships. When an enemy vessel is sunk, the other belligerent must see to
the safety of the persons on board. Pillage ( taking of goods by force in time of
war) is prohibited. The wounded and the sick must be humanely treated without
distinction of nationality by the belligerent in whose power they are. The rule that
a combatant who surrenders may not be killed and the agreements relating to the
treatment of prisoners of war also fall under this principle.

the principle of chivalry This principle is the basis of such rules as those that
require the belligerents to give proper warning before launching a bombardment
or prohibit the use of perfidy (treachery or faithlessness) in the conduct of
hostilities. False flags are not allowed in land warfare, but war vessels may sail
under a flag not their own, subject only to the requirement that they haul it down
and hoist their own flag before attacking the other belligerent. Espionage is also
prohibited.

When can an individual be considered a spy? An individual can only be


considered a spy if, acting clandestinely or on false pretenses, he obtains, or
seeks to obtain, information in the zone of operations of a belligerent, with the
intention of communicating it to the hostile party. Spies are subject to the
municipal law of the other belligerent except that, as provided in the Hague
Conventions of 1907, “ a spy taken in the act cannot be punished without
previous trial”. A spy who succeeds in rejoining his army and is later captured
incurs no responsibility for his previous acts of espionage and is entitled to be
treated as a prisoner of war.

Is booty or personal property found in the battlefield subject to confiscation?


Yes, except only the personal belongings of the individual combatants which
have no military value such as jewelry. Distinguish theatre of war from region of
war? The first is the place where the hostilities are actually conducted while the
second is the greater area where the belligerents may lawfully engage each other.
When is a territory deemed occupied by a belligerent? It is deemed occupied
when it is actually placed under the authority of the hostile army, but this
occupation is limited only to the area where such authority has been established
and can be effectively exercised. It is not necessary that every square foot of the
territory in question be actually occupied, as it doubtless suffices that the
occupying army can, within a reasonable time, send detachment of troops to
make its authority felt within the occupied district.

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