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 Nebraska Basic Principles of The Law of War, also referred to as the Nebraska Law of War Principles (NL WP), is a set of guidelines that outline the fundamental principles and rules for military conduct during armed conflicts. These principles are intended to ensure humane treatment of individuals, protect civilians, and establish limits on the means and methods of warfare. The NL WP encompasses several key aspects of international humanitarian law (ILL) and aims to provide a comprehensive framework for the practice of warfare. Some relevant keywords that can be associated with the Nebraska Basic Principles of The Law of War include: 1. Humanity: One of the core principles of NL WP is humanity, which urges the parties to a conflict to minimize the suffering inflicted on individuals who do not or no longer participate in hostilities. It prohibits acts of violence or methods of warfare that cause unnecessary pain, injury, or suffering. 2. Distinction: The principle of distinction requires parties involved in armed conflict to distinguish between combatants and civilians, or between military objectives and civilian objects. It emphasizes the protection of civilians and civilian infrastructure from deliberate or indiscriminate attacks. 3. Military Necessity: This principle emphasizes that the use of force and military actions should be limited to achieving legitimate military objectives. It prohibits the use of disproportionate force or tactics that are not essential for attaining legitimate military goals. 4. Prohibition of Unnecessary Suffering: The NL WP prohibits the use of weapons or methods that cause superfluous injury or unnecessary suffering. This principle establishes limits on the types of weapons, tactics, and methods of warfare that can be employed during armed conflicts. 5. Proportionality: This principle states that the anticipated military advantage gained from an attack or military operation cannot outweigh the potential harm to civilians or civilian objects caused by the attack. It requires military actions to be proportionate to the specific military objective. 6. Command Responsibility: Commanders and superiors have a responsibility to ensure that their subordinates comply with the NL WP. They are accountable for the actions of their subordinates and should take all feasible measures to prevent illegal acts or violations of ILL. 7. Compliance and Enforcement: The Nebraska Basic Principles of The Law of War emphasize the importance of compliance with ILL by all parties involved in an armed conflict. It encourages cooperation among states and international entities, as well as domestic and international tribunals, to hold individuals accountable for violations of the law. It is essential to note that while the Nebraska Basic Principles of The Law of War serve as a comprehensive framework, they are not a legally binding document. Nevertheless, they contribute valuable guidance for military personnel, policymakers, and legal practitioners in understanding and implementing ILL in the context of armed conflicts.
