Humanitarian Operations and Operational Law: New 'Hoopla' for the Commander.

Abstract

THE DISAPPEARANCE OF A LARGE CONVENTIONAL MILITARY THREAT, COUPLED WITH OPERATIONS IN AREAS WHERE THE MOST PREVALENT THREATS TO HUMAN LIFE ERUPT FROM WITHIN, RATHER THAN BETWEEN EXISTING STATES, HAS RESULTED IN MILITARY OPERATIONS THAT DO NOT FIT WITHIN PREVIOUSLY RECOGNIZED CATEGORIES OF INTERNATIONAL ARMED CONFLICTS. MOREOVER, THERE IS AN INCREASING TENDENCY TO BLUR THE DICHOTOMY BETWEEN INTERNATIONAL AND INTERNAL ARMED CONFLICTS, AND THE DISTINCTION BETWEEN THE LAW OF WAR AND HUMAN RIGHTS LAW. CLARITY OF THESE TERMS AND LEGAL PRINCIPLES IS REQUIRED TO CORRECTLY DETERMINE THE CONSTRAINTS APPLICABLE TO CONTEMPORARY MILITARY OPERATIONS. THIS PAPER REVIEWS THE LAW OF WAR AND HUMAN RIGHTS LAW, AND CONCLUDES WITH AN EXAMINATION OF HUMANITARIAN OPERATIONS-OPERATIONAL LAW AND ITS IMPACT ON THE COMMANDER.

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Document Details

Document Type
Technical Report
Publication Date
Feb 07, 1997
Accession Number
ADA325120

Entities

People

  • Loretta G. Spillane

Organizations

  • Naval War College

Tags

Communities of Interest

  • Energy and Power Technologies
  • Human Systems

DTIC Thesaurus Topics

  • Civil Rights
  • Civil War
  • Court Martial
  • Department Of Defense
  • Human Rights
  • International Law
  • Law
  • Military Law
  • Military Operations
  • National Security
  • Prisoners Of War
  • Security
  • Treaties
  • United Nations
  • United States
  • War Colleges
  • Warfare

Readers

  • East Asian Political and Security Studies within the Soviet Union
  • Government and Public Administration Law.
  • Joint Military Operations and Doctrine.