22.2 Law of War (AFH-1 Section 19B)
Key Takeaways
- On the 15 February 2025 ADTC, Section 19B Law of War is B for both SSgt and TSgt.
- The law of war, also called the Law of Armed Conflict, is the treaties and customary international law binding on the United States that regulate resort to armed force, conduct of hostilities and protection of war victims, belligerent occupation, and relations among belligerent, neutral, and non-belligerent states.
- AFH 1 lists five law of war principles: military necessity, humanity, distinction, proportionality, and honor.
- Military necessity never authorizes acts the law of war specifically prohibits, such as murder or ill treatment of prisoners of war, taking hostages, or reprisals against protected persons or objects.
- Each service member must comply with the law of war, including refusing clearly illegal orders to commit violations, and must promptly report suspected violations to the immediate commander or proper authority.
22.2 Law of War (AFH-1 Section 19B)
Quick Answer: Section 19B is B for SSgt and B for TSgt. AFH 1 lists five LOAC principles: military necessity, humanity, distinction, proportionality, and honor. Human shields violate distinction. Report violations promptly to the immediate commander or proper authority.
Definition, purpose, training, and treaty force (19.5)
DoD defines the law of war / LOAC as treaties and customary international law binding on the United States that regulate resort to armed force; conduct of hostilities and protection of war victims in international and non-international armed conflict; belligerent occupation; and relations among belligerent, neutral, and non-belligerent states. It arises from a humanitarian desire to lessen the effects of conflicts.
It protects combatants and noncombatants, including civilians, from unnecessary suffering, plus POWs and military wounded, sick, and shipwrecked.
DoDD 2311.01, Department of Defense Law of War Program, requires programs that ensure observance, prevent violations, ensure prompt reporting, and train all forces. USAF personnel train commensurate with their duties. Aircrews, medical personnel, and security forces receive specialized training. Article VI of the U.S. Constitution makes treaty obligations the supreme law of the land, with equal status to statutes. Military personnel, civilians, and contractors authorized to accompany the U.S. Armed Forces must observe law of war obligations when planning or executing operations.
Five principles (19.6)
| Principle | What AFH 1 lists |
|---|---|
| Military necessity | All measures needed to defeat the enemy as quickly and efficiently as possible that are not prohibited by the law of war. Limit attacks to military objectives (combatants, unprivileged belligerents, civilians taking a direct part in hostilities; objects by nature, location, purpose, or use offering a definite military advantage at the time). Never authorizes murder or ill treatment of POWs, hostages, or reprisals against protected persons or objects |
| Humanity | Forbids unnecessary suffering, injury, or destruction. Once the military purpose is achieved, more suffering must be avoided. Do not attack an enemy hors de combat. Source of civilian immunity from being made the object of attack |
| Distinction | Distinguish military forces from civilians and unprotected from protected objects. Force only against military objectives. Worship sites, schools, hospitals, and dwellings are protected unless used for military action. Voluntary or involuntary human shields are a fundamental violation. Do not disguise forces as civilians to kill or wound |
| Proportionality | Do not act in a way that is unreasonable or excessive. Incidental civilian damage is often inevitable (zero damage is not required). Refrain when expected incidental harm would be excessive in relation to the concrete and direct military advantage anticipated; take feasible precautions |
| Honor | Fairness and mutual respect. Forbids breach of trust and perfidy; misusing certain signs; fighting in the enemy's uniform; feigning non-hostile relations; compelling hostile-party nationals to fight their own country. Does not forbid ruses and lawful deceptions |
Classes of persons, objectives, and aircrew (19.7–19.8)
The Geneva Conventions of 1949 are four treaties. If status is in doubt, a captured person receives Geneva POW protections until status is determined.
| Class | AFH 1 rule |
|---|---|
| Lawful combatants | A party's military (aside from certain medical and religious personnel); certain militia belonging to a state; levée en masse. Responsible commander, distinctive emblems/uniforms, arms carried openly, operations according to the law of war. POW status in international armed conflict |
| Noncombatants | Permanent medical and religious personnel. May not be made the object of attack |
| Civilians | Not the object of direct attack; those who take a direct part forfeit that protection. Incidental injury from a lawful, proportionate attack is not itself a violation |
| Unprivileged belligerents | Not a Geneva term. Spying or sabotage by a combatant, or a private person who takes part in hostilities without authorization |
Military objectives contribute by nature, location, purpose, or use and offer a definite military advantage at the time. Do not attack when expected incidental civilian loss would be excessive. Civilians must not be used as shields or hostages. Commanders decide in good faith on information available at the time. Protected objects (medical units, hospital ships, safety zones, religious/cultural buildings, monuments, POW camps) lose protection if used for military purposes.
Enemy military aircraft may be attacked unless in neutral airspace or territory. Airmen who parachute from a disabled aircraft and offer no resistance may not be attacked; those who resist in descent or continue to fight after landing behind their own lines may be. Military medical aircraft are protected on agreed heights, times, and routes; if in violation, they may be attacked after all other means of control have been exhausted.
Enforcement and rules of engagement (19.9–19.10)
All DoD personnel, including accompanying contractors, comply during all armed conflicts and military operations. Refuse clearly illegal orders to commit law of war violations. Report promptly to the immediate commander or proper authority, including violations by the enemy, allies, U.S. Armed Forces, or others. If a U.S. commander may be involved, go to the next higher United States command authority. Particular circumstances may require a judge advocate, inspector general, AFOSI special agent, or security forces member.
Standing ROE come from the President and Secretary of Defense via the Chairman of the Joint Chiefs of Staff. Mission-specific ROE are generally in an annex to execution orders, OPLANs, and OPORDs. They do not limit a commander's inherent right of self-defense. Members may act in individual self-defense unless a unit commander directs otherwise. De-escalation: warn and allow withdrawal when time permits. Necessity is perceived hostile act or hostile intent. Proportionality (ROE) is force reasonable in nature, duration, and scope on facts known to the individual at the time. Pursuit may be limited across an international border.
How does AFH 1 define military necessity as a law of war principle?
Employment of voluntary or involuntary human shields to protect military objectives violates which law of war principle as AFH 1 states it?
Under AFH 1, when may airmen who parachute from a disabled aircraft be attacked?
A DoD member suspects a law of war violation that may involve a U.S. commander. Where does AFH 1 say the report should go?