The Law of War and the Operational Commander
Abstract
Every member of the military is bound by oath to discharge his or her duties in accordance with the law of war. This paper examines the influence of the law of war on the operational commander and includes legal planning considerations for campaigns. It does not list all laws of armed conflict or the provisions of applicable conventions concerning warfare. Operational law, based on the principles of military necessity, unnecessary suffering, and proportionality enables the operational commander to plan and execute legal, successful operations. Command criminal responsibility assumes an operational commander does not issue illegal orders or in some way personally directs or supervises a prohibited activity. Selected cases in military history clearly indicate that operational commanders who have adhered to the law of war emerged victorious in their respective campaigns. Analysis of these cases and current law supports the premise that the operational commander must obey the law of war, and has no authority to violate or selectively enforce the law. To ensure operations are conducted within the spirit and intent of the law of war, training programs need to be instituted at all levels of professional military education.
Document Details
- Document Type
- Technical Report
- Publication Date
- Feb 08, 1994
- Accession Number
- ADA279705
Entities
People
- F. G. Richardson
Organizations
- Naval War College