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 Oregon Basic Principles of the Law of War refer to a set of guidelines and principles that govern the conduct of armed conflicts. These principles are applicable to situations of both international armed conflicts and non-international armed conflicts. They are designed to minimize human suffering, protect civilians and combatants who are hors de combat (i.e., unable to take part in hostilities), and prevent unnecessary destruction. The Oregon Basic Principles consist of several key principles: 1. Distinction: This principle requires parties to a conflict to distinguish between the civilian population and combatants. It prohibits attacks directed solely against civilians or civilian objects, emphasizing the need to protect non-combatants from harm. 2. Proportionality: The principle of proportionality restricts the use of force by requiring that the expected military advantage gained from an attack must outweigh the anticipated harm to civilians or civilian objects. This principal aims to minimize collateral damage and protect civilians during military operations. 3. Military Necessity: Military necessity requires that any use of force during armed conflict must be justified by an essential military objective. It prohibits acts that are not directly necessary for achieving a legitimate military aim. 4. Humanity: The principle of humanity urges parties to armed conflicts to refrain from acts that cause unnecessary suffering or have no military necessity. This principle is meant to protect the dignity of individuals and prevent inhumane treatment. 5. Non-refoulement: This principle prohibits the involuntary return or expulsion of individuals to territories or countries where they may face persecution, torture, or other serious human rights violations. It is particularly relevant in the protection of refugees and internally displaced persons during conflicts. Different types of Oregon Basic Principles of the Law of War may include specialized principles applicable to specific aspects of armed conflicts, such as: — Protection of cultural property: This principle safeguards cultural heritage, monuments, and sites from destruction or damage during conflicts, as outlined by international instruments like the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. — Protection of the environment: This principle entails the prohibition of wanton destruction of the natural environment during armed conflicts. It seeks to preserve the environment for future generations and prevent excessive harm to ecosystems caused by military operations. — Protection of medical personnel and facilities: This principle demands the protection of medical personnel, facilities, and vehicles from attacks to ensure the continuity of medical care and services for both combatants and civilians during conflicts. It is closely linked to the Geneva Conventions and their Additional Protocols. — Prohibition of the use of certain weapons: Various treaties and conventions exist that prohibit the use of specific weapons due to their indiscriminate, excessive, or uniquely cruel nature. For example, the use of chemical weapons and certain types of landmines is strictly prohibited under international law, including the Oregon Basic Principles. Overall, the Oregon Basic Principles of the Law of War encompass a comprehensive set of guidelines aimed at preventing unnecessary suffering and destruction during armed conflicts while upholding the fundamental rights and dignity of individuals affected by hostilities. They are crucial in promoting and maintaining humanitarian standards in times of war.The Oregon Basic Principles of the Law of War refer to a set of guidelines and principles that govern the conduct of armed conflicts. These principles are applicable to situations of both international armed conflicts and non-international armed conflicts. They are designed to minimize human suffering, protect civilians and combatants who are hors de combat (i.e., unable to take part in hostilities), and prevent unnecessary destruction. The Oregon Basic Principles consist of several key principles: 1. Distinction: This principle requires parties to a conflict to distinguish between the civilian population and combatants. It prohibits attacks directed solely against civilians or civilian objects, emphasizing the need to protect non-combatants from harm. 2. Proportionality: The principle of proportionality restricts the use of force by requiring that the expected military advantage gained from an attack must outweigh the anticipated harm to civilians or civilian objects. This principal aims to minimize collateral damage and protect civilians during military operations. 3. Military Necessity: Military necessity requires that any use of force during armed conflict must be justified by an essential military objective. It prohibits acts that are not directly necessary for achieving a legitimate military aim. 4. Humanity: The principle of humanity urges parties to armed conflicts to refrain from acts that cause unnecessary suffering or have no military necessity. This principle is meant to protect the dignity of individuals and prevent inhumane treatment. 5. Non-refoulement: This principle prohibits the involuntary return or expulsion of individuals to territories or countries where they may face persecution, torture, or other serious human rights violations. It is particularly relevant in the protection of refugees and internally displaced persons during conflicts. Different types of Oregon Basic Principles of the Law of War may include specialized principles applicable to specific aspects of armed conflicts, such as: — Protection of cultural property: This principle safeguards cultural heritage, monuments, and sites from destruction or damage during conflicts, as outlined by international instruments like the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. — Protection of the environment: This principle entails the prohibition of wanton destruction of the natural environment during armed conflicts. It seeks to preserve the environment for future generations and prevent excessive harm to ecosystems caused by military operations. — Protection of medical personnel and facilities: This principle demands the protection of medical personnel, facilities, and vehicles from attacks to ensure the continuity of medical care and services for both combatants and civilians during conflicts. It is closely linked to the Geneva Conventions and their Additional Protocols. — Prohibition of the use of certain weapons: Various treaties and conventions exist that prohibit the use of specific weapons due to their indiscriminate, excessive, or uniquely cruel nature. For example, the use of chemical weapons and certain types of landmines is strictly prohibited under international law, including the Oregon Basic Principles. Overall, the Oregon Basic Principles of the Law of War encompass a comprehensive set of guidelines aimed at preventing unnecessary suffering and destruction during armed conflicts while upholding the fundamental rights and dignity of individuals affected by hostilities. They are crucial in promoting and maintaining humanitarian standards in times of war.
