Law of Armed Conflict Quiz

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Questions and Answers

What defines an unlawful combatant?

Persons entitled to POW status.

Individuals who have forfeited civilian protections by participating in hostilities. (correct)

Civilians who are drafted into military service.

Individuals who have not engaged in hostilities.

Which of the following is NOT a condition for POW status?

Conducting operations in accordance with the laws of war.

Having a fixed distinctive sign.

Carrying arms openly.

Participating in civilian protests. (correct)

Which article is widely accepted as applicable in all armed conflicts, regardless of their nature?

Common Article 3. (correct)

Common Article 1.

Article 75 of Additional Protocol I.

Common Article 2.

What protections do unlawful combatants have under common Article 3?

Humane treatment and basic rights. Signup and view all the answers

In which context does Additional Protocol I apply?

Only in international armed conflicts. Signup and view all the answers

What legal avenues are available to unlawful combatants if captured?

They are subject to trial in domestic or military courts. Signup and view all the answers

Which of the following best describes the status of terrorists under the law of armed conflict?

They lose protections as civilians when participating in hostilities. Signup and view all the answers

What concept pertains to the basic rights owed to every prisoner, detainee, and unlawful combatant?

Fundamental guarantees. Signup and view all the answers

What distinguishes a common Article 3 non-international armed conflict (NIAC) from other types of armed conflicts?

It occurs within a single state between government forces and non-state armed groups. Signup and view all the answers

What is likely to be disregarded when facing a splinter group in a non-international armed conflict?

The specific protections under Additional Protocol II. Signup and view all the answers

Why is it important to know your status when parachuting into a conflict area?

It dictates your conduct and treatment if captured. Signup and view all the answers

What is the primary reason for observing the Law of Armed Conflict (LOAC)?

It is a commitment made through international treaties. Signup and view all the answers

What is the main function of the International Committee of the Red Cross (ICRC) commentaries on Geneva Conventions?

To provide authoritative interpretations of the Conventions. Signup and view all the answers

Which of the following accurately describes the treatment of prisoners of war (POWs) under the Law of Armed Conflict?

They should be treated humanely without adverse distinction. Signup and view all the answers

In a situation where military personnel are disguised as local residents, which aspect of LOAC is most at risk?

The identification and treatment of combatants. Signup and view all the answers

What might be an implication of not observing LOAC during military operations?

The potential for war crimes accusations. Signup and view all the answers

What term is used in the Geneva Conventions to refer to individuals who are protected during conflicts?

Protected persons Signup and view all the answers

How does Additional Protocol I define a civilian?

Any person not associated with armed forces Signup and view all the answers

What must be assumed if there is doubt about a person's status as a civilian under Article 50.1, Additional Protocol I?

That person is considered to be a civilian Signup and view all the answers

According to the ICTY, what is the universal principle regarding attacks on civilians?

Deliberate attacks on civilians are absolutely prohibited Signup and view all the answers

What argument did J.M. Spaight make regarding workers in munitions factories?

They are subject to attack due to their roles in warfare Signup and view all the answers

What is the relationship between military necessity and targeting civilians?

Civilians should never be targeted unless necessary Signup and view all the answers

What is a significant change that has occurred over the years in terms of attacking civilian workers?

A recognition of humanitarian views preventing attacks on civilians Signup and view all the answers

How are civilians defined in the context of international conflict, based on international humanitarian law?

Anyone not part of armed forces or engaging in hostilities Signup and view all the answers

Study Notes

Individual Battlefield Status

Individual status in armed conflict is crucial, determining applicable law and rights/obligations.
Conflict status influences LOAC applicability (domestic law vs. LOAC).
Individual status determines rights (e.g., POW protection) and conduct prohibitions for captured combatants.
LOAC considerations apply irrespective of the opposing side's conduct.

Individual Status

Diverse roles (e.g., assembly line worker, professor, soldier) have varying battlefield statuses.
Status often impacts life on the battlefield (lawfulness of target, POW status, combatant/non-combatant).

Civilians

Civilians are protected entities, but not explicitly defined in Geneva Conventions.
Civilian status is categorized by LOAC as "protected person." Additional Protocol I defines civilian as those not belonging to armed forces or engaged in hostilities.
Direct participation in hostilities removes civilian protections.

Combatants

Combatants are regular army members.
Being assigned a position as an army cook (conduct) doesn't affect combatant status.
Lawful combatant status is defined by association with an armed force; conduct is not the determinant.
Combatants are lawful targets until hors de combat (wounded, sick, or surrendered).

Prisoners of War

Captured combatants in international armed conflicts are recognized as POWs.
POWs are granted specific rights and protections under Geneva Convention III.
Unlawful combatants (aka unprivileged belligerents) do not enjoy POW protections.

Retainees

Retainees are military medical personnel and chaplains exclusively focused on medical/religious duties.
Retainees maintain the protections of a POW.
This category differs from combatant status.

Spies and Mercenaries

Spies and mercenaries are not accorded POW status per LOAC.
A spy aims to obtain information from a hostile party by stealth or deception.
Mercenaries are specifically recruited for monetary gain and must meet six distinct criteria.

Article 5 Competent Tribunals

Competent Tribunals determine status in cases of doubt.
Combatants and retainees are generally recognized as POWs.
A tribunal is not mandated in NIACs; common Article 3 considerations apply.

Unprivileged Belligerents and Direct Participation in Hostilities

Unprivileged belligerents are civilians taking direct part in hostilities.
These actions suspend civilian protections and make them lawful targets.
Criteria exist to differentiate direct participation and civilian acts.

Protected Persons

Protected persons, per Geneva Convention IV, are civilians under enemy control.
Different LOAC statuses apply depending on context (IAC vs. NIAC).
POW status differs substantially from protected person status.

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Description

This quiz explores key concepts related to the law of armed conflict, focusing on the definitions, rights, and protections for unlawful combatants and prisoners of war. Test your understanding of relevant articles and protocols that govern these issues. Ideal for students studying international humanitarian law.