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 Minnesota Basic Principles of The Law of War (MB PLW) is a body of legal principles that serves as a guide for the conduct of armed conflicts. These principles are derived from international humanitarian law and are applicable not only to state armed forces but also to non-state armed groups and individuals involved in armed conflicts. The MB PLW encompasses several types of principles that are fundamental to the proper application of the law of war. These principles ensure that armed conflicts are conducted in a humane manner and aim to reduce unnecessary suffering and harm to individuals affected by armed conflicts. Some key principles of the MB PLW include: 1. Distinction: This principle requires parties to an armed conflict to distinguish between civilians and combatants, as well as between civilian objects and military targets. It prohibits direct attacks against civilians and civilian objects while allowing for legitimate military targets to be engaged. 2. Proportionality: This principle prohibits attacks that may be expected to cause excessive harm compared to the concrete and direct military advantage anticipated. It emphasizes the need to strike a balance between military objectives and potential civilian harm. 3. Military Necessity: According to this principle, the use of force and any damage caused must be strictly necessary for the achievement of a legitimate military objective. It implies avoiding unnecessary harm or destruction. 4. Humanity: This principle requires parties to an armed conflict to treat individuals who are not or are no longer participating in the hostilities with humanity, providing them with basic protection and respect for their dignity. 5. Prohibited Acts: The MB PLW also lists specific acts that are explicitly prohibited, such as torture, cruel treatment, summary executions, and other acts that violate basic human rights and humanitarian norms. 6. Compliance and Accountability: The MB PLW emphasizes the need for parties to armed conflicts to comply with these principles. Additionally, it calls for the investigation and prosecution of war crimes and other serious violations of international humanitarian law. The Minnesota Basic Principles of The Law of War provide a framework for the ethical conduct of armed conflict. By adhering to these principles, armed forces and armed groups can ensure that the consequences of armed conflicts are minimized and that the rights of individuals are protected, even in times of war.
