This is a comparison of China's contract law with the U.S. contract law. It discusses the restrictions placed upon military members and commanders in the conduct of operations in both international and non-international armed conflicts.
The Iowa Basic Principles of The Law of War refers to a set of principles that serve as a legal framework for the conduct of armed conflicts. These principles are often taught and discussed in law schools and military academies to educate and guide individuals involved in armed conflicts, including military personnel, policymakers, and legal professionals. The Iowa Basic Principles are primarily based on international humanitarian law, which encompasses a body of rules and regulations aiming to limit the effects of armed conflicts and protect those who are not or no longer participating in hostilities. These principles, which are universally applicable, aim to strike a balance between military necessity and human dignity during wartime. The different types of Iowa Basic Principles of The Law of War can be categorized as follows: 1. Distinction: This principle emphasizes the importance of distinguishing between combatants and civilians, as well as between military objectives and civilian objects. It prohibits the deliberate targeting of civilians or civilian infrastructure and emphasizes that only combatants and military targets may be lawfully attacked. It also requires parties involved in armed conflicts to take necessary precautions to minimize civilian casualties. 2. Proportionality: This principle states that the anticipated military advantage gained from an attack must outweigh the potential civilian harm caused by it. It aims to ensure that the use of force is not excessive compared to the expected military gain. Parties to the conflict should consider the potential collateral damage and harm to civilians before conducting an attack. 3. Precaution: This principle demands that all feasible precautions be taken to avoid or minimize harm to civilians and civilian objects when planning and carrying out military operations. This includes the obligation to give warnings to the civilian population before launching an attack, unless circumstances do not permit such warnings. 4. Prohibition of unnecessary suffering: This principle prohibits the use of weapons or tactics that cause superfluous injury or unnecessary suffering to combatants. It emphasizes the humane treatment of those who are hors de combat (out of the fight), such as those who have surrendered, are injured, or are captured. 5. Non-discrimination: This principle prohibits any distinction, exclusion, restriction, or preference based on race, color, religion, sex, or other similar criteria when it comes to the protection, rights, and treatment of individuals during armed conflict. It requires equal respect for all persons, regardless of their background. 6. Obligation to respect and protect: This principle mandates that parties to the conflict respect and protect those not or no longer participating in hostilities, such as civilians, prisoners of war, and the wounded. It sets the foundation for the proper treatment, care, and protection of these individuals and emphasizes the need for humane treatment under all circumstances. These principles of The Law of War, including the Iowa Basic Principles, aim to mitigate the impact of armed conflicts on civilians and reduce human suffering, while also providing a legal framework for combatants and states involved in such conflicts. They are based on ensuring respect for human dignity and have been widely recognized and accepted by the international community.
