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 New York Basic Principles of The Law of War, also known as the New York Principles, refer to a set of guidelines that outline the fundamental principles governing the conduct of armed conflicts. These principles are recognized and respected by states, international organizations, and individuals involved in armed conflicts. The New York Basic Principles of The Law of War are essential in promoting humanity, mitigating human suffering, and upholding human rights during times of armed conflict. They are founded on the principles of international humanitarian law (ILL), which is an integral part of customary international law and governed by various treaties and conventions, such as the Geneva Conventions. There are three different types of New York Basic Principles of The Law of War: 1. The Principle of Humanity: This principle emphasizes the duty to alleviate human suffering and protect the dignity of individuals affected by armed conflicts. It imposes restrictions on the use of violence and requires parties to the conflict to distinguish between combatants and non-combatants, ensuring that civilians are not targeted or subjected to unnecessary harm. The principle also prohibits cruel treatment, torture, or degrading acts towards anyone captured, detained, or otherwise under the control of a party to the conflict. 2. The Principle of Military Necessity: This principle permits the use of force necessary to achieve the legitimate military objectives of the conflict while minimizing unnecessary harm. It requires parties to the conflict to consider the principles of proportionality and distinction, using only the amount of force necessary to achieve their goals without causing excessive harm to civilians or civilian objects. 3. The Principle of Proportionality: This principle restricts the use of force by requiring that it be commensurate with the expected military advantage. Parties to the conflict must weigh the anticipated benefits against the potential harm to civilians and civilian objects. The use of force that would cause excessive harm or damage compared to the expected military advantage is prohibited. These New York Basic Principles of The Law of War serve as a guiding framework for the conduct of armed conflicts and provide a moral and legal basis for ensuring the preservation of humanity, respect for human rights, and minimizing unnecessary suffering in times of war. Their implementation and adherence are essential to promoting peace, justice, and reconciliation during and after conflicts.
