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 Basic Principles of the Law of War, also known as the Laws of Armed Conflict or International Humanitarian Law, are a set of legal norms and guidelines that are designed to regulate the conduct of armed conflicts in order to minimize the suffering and protect civilians, prisoners of war, and wounded combatants. These principles are applicable to both international and non-international armed conflicts. Maine is a key figure in the development of the Basic Principles of the Law of War. Henry Maine was a British jurist and legal scholar who greatly contributed to the field of international law and its application to armed conflict. His works on the laws of war have been influential in shaping the legal frameworks governing armed conflicts. The Basic Principles of the Law of War can be broadly categorized into four main principles: military necessity, distinction, proportionality, and humanity. 1. Military Necessity: This principle emphasizes that the use of force and any action taken during armed conflict must be justified by its military necessity. It means that actions must be directed towards legitimate military objectives and must not cause excessive harm to civilians or non-combatants. 2. Distinction: The principle of distinction requires parties to a conflict to distinguish between combatants and civilians, as well as between military and civilian objects. It prohibits deliberately targeting civilians or civilian objects, recognizing the need to protect non-combatants from the direct effects of hostilities. 3. Proportionality: The principle of proportionality requires that any incidental harm caused during an armed conflict must not be excessive in relation to the concrete and direct military advantage expected from an attack. It prohibits attacks that would cause excessive harm to civilian lives or civilian objects when compared to the expected military gains. 4. Humanity: This principle encompasses a broader moral compass, promoting humane treatment of individuals who are no longer or not actively participating in hostilities. It requires that parties to a conflict treat all persons humanely, without any adverse distinction based on race, religion, nationality, gender, etc. This includes the prohibition of torture, cruel treatment, and humiliating or degrading treatment. While these are the main principles, additional principles may also be recognized, including the principles of proportionality in the use of force, precaution in attack, prohibition of certain types of weapons, protection of cultural property, and respect for medical personnel and facilities, among others. The Basic Principles of the Law of War are essential in guiding the actions of parties engaged in armed conflicts, aiming to balance military necessity with the protection of civilians and other vulnerable groups. The principles, including those attributed to Maine's contributions, are now widely accepted and form the basis for international legal frameworks such as the Geneva Conventions and their Additional Protocols, which regulate the conduct of armed conflicts and strive to provide safeguards for those affected by them.
