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Introduction to military legal context and its relevance to engineering

Introduction to military legal context and its relevance to engineering

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War is governed by its own set of rules, known as International Humanitarian Law (IIHL), often called the Laws of Armed Conflict (LOAC). Most of IHL relates to the conduct of warfare and its immediate aftermath, but IHL's evolution has been shaped by the technologies used in war. It accepts that war will happen but aims to minimise suffering so the results include both limitations on weapon design and requirements for improved performance. These affect many aspects of weapon design either directly or indirectly. This chapter describes the legal framework that applies to armed conflict. It shows how specific parts of international law set engineering requirements which must be met by a design.

Chapter Contents:

  • 7.1 Introduction
  • 7.2 The need for laws of war
  • 7.3 Legality and legitimacy
  • 7.4 International Humanitarian Law
  • 7.5 The Geneva Conventions, their protocols and subsequent agreements
  • 7.6 Customary principles and rules
  • 7.7 Judicial decisions
  • 7.8 Expert opinions
  • 7.9 Military manuals
  • 7.10 Engineering requirements from selected conventions in Section 7.5
  • 7.10.1 General
  • 7.10.2 1949 Geneva Convention 1. For the amelioration of the condition of the wounded and sick in armed forces in the field
  • 7.10.3 1949 Geneva Convention II. For the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea
  • 7.10.4 1949 Geneva Convention III. Relative to the treatment of prisoners of war
  • 7.10.5 1949 Geneva Convention IV. Relative to the protection of civilian persons in time of war
  • 7.10.6 1976 Convention and 1994 Guidance on environmental modification techniques
  • 7.10.7 1980 UN convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects
  • 7.10.8 2008 Convention on cluster munitions
  • 7.11 The additional protocols to the 1949 Geneva conventions
  • 7.11.1 Introduction
  • 7.11.2 General requirements from API and APII
  • 7.11.3 More specific requirements from API and APII
  • 7.12 The law at sea
  • 7.13 Rules-of-engagement
  • 7.14 An example – design changes to move Phalanx from sea to land
  • Appendix A7 Extracts from Additional Protocol I (API)
  • References

Inspec keywords: law; weapons; military systems

Other keywords: International Humanitarian Law; Laws of Armed Conflict; IHL; military legal context; weapon requirements; international law; weapon design; LOAC; warfare conduct

Subjects: Weapons; Policy, government and political aspects (military and defence)

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