The Michigan Basic Principles of The Law of War (MBP) refers to a set of guidelines and principles that aim to regulate armed conflict and ensure the protection of individuals who are not or no longer participating in hostilities, such as civilians, prisoners of war, and the wounded. These principles are based on international law, including the Geneva Conventions and customary norms, and they serve as the foundation for the ethical conduct of armed forces in times of armed conflict. The MBP consists of several key principles that provide guidance to military personnel and their commanders during armed conflict. These principles are designed to minimize human suffering and prevent unnecessary destruction, while also promoting respect for human dignity and maintaining the rule of law. Some essential principles covered by the MBP include: 1. Military Necessity: This principle states that the use of force or targets in an armed conflict must be necessary to achieve a legitimate military objective. It prohibits the use of excessive and disproportionate force, ensuring that military action is only taken when there is a clear military advantage. 2. Distinction: The principle of distinction requires that combatants distinguish between lawful military targets and civilians or civilian objects. It prohibits intentionally targeting non-combatants, such as civilians, medical personnel, and humanitarian workers. 3. Proportionality: This principle states that the anticipated military advantage gained from an attack cannot be outweighed by the expected harm to civilians or civilian objects. It ensures that attacks are not conducted if the harm caused to civilians is excessive or disproportionate to the military objective. 4. Prohibition of Attack, Use, or Release of Hazardous Materials: This principle forbids the indiscriminate use or release of weapons or materials that may cause superfluous injury or unnecessary suffering. It includes the prohibition of using chemical, biological, or nuclear weapons, as well as the prohibition of intentionally causing widespread, long-term, and severe damage to the environment. 5. Respect and Protection of Cultural Property and the Natural Environment: The MBP emphasizes the importance of respecting and protecting cultural heritage, including historic buildings, monuments, and archaeological sites. It also highlights the need to minimize damage to the natural environment during armed conflict. 6. Human Treatment: This principle obliges all parties involved in an armed conflict to treat individuals who are hors de combat (out of the fight) humanely and with respect, such as prisoners of war, the wounded, and detainees. It prohibits torture, cruel treatment, and any form of degrading or inhumane treatment. While the Michigan Basic Principles of The Law of War represents a comprehensive set of guidelines, it is worth noting that similar principles are also outlined in other legal frameworks, such as the Law of Armed Conflict (LOAN), International Humanitarian Law (ILL), and the Rome Statute of the International Criminal Court. These principles are collectively aimed at limiting the effects of armed conflicts and safeguarding the rights and well-being of individuals affected by such conflicts.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.Michigan Principios básicos de la ley de la guerra - Basic Principles of The Law of War
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The rules of war, also known as international humanitarian law: Protect those who are not fighting, such as civilians, medical personnel or aid workers. Protect those who are no longer able to fight, like an injured soldier or a prisoner. Prohibit targeting civilians.
The purpose of the second sentence of this principle is to prohibit weapons which cause more suffering or injury than is necessary to put enemy combatants out of action. It applies, for example, to weapons designed to cause injuries that are impossible to treat or that result in a cruel and lingering death.
Three interdependent principlesmilitary necessity, humanity, and honorprovide the foundation for other derivative LOAC principlesmost importantly, distinction and proportionalityas well as most of the treaty and customary rules of LOAC.
Principles of the laws of warMilitary necessity, along with distinction, proportionality, humanity (sometimes called unnecessary suffering), and honor (sometimes called chivalry) are the five most commonly cited principles of international humanitarian law governing the legal use of force in an armed conflict.
Military necessity, along with distinction, proportionality, humanity (sometimes called unnecessary suffering), and honor (sometimes called chivalry) are the five most commonly cited principles of international humanitarian law governing the legal use of force in an armed conflict.
§ 11.5 Definitions. (a) Combatant immunity. Under the law of armed conflict, only a lawful combatant enjoys ''combatant immu- nity'' or ''belligerent privilege'' for the lawful conduct of hostilities during armed conflict.
All personnel must be aware of the basic rules of the law of armed conflict, including the practical application of the principles of military necessity, proportionality, distinction and humanity.
GENERAL COUNSEL. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE.
The Law of War principle of Honor influences the conduct of activities by encouraging refrain from taking advantage of the adversary's adherence to the Law of War and to encourage combatants to act in good faith in non-hostile relations.