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 Washington Basic Principles of The Law of War refers to a set of fundamental guidelines that govern the conduct of armed forces during armed conflicts. These principles are derived from international customary law, treaties, and other legal instruments, and are intended to ensure the protection of civilians, combatants, and prisoners of war, while maintaining the necessary security of states. There are several key principles that form the foundation of the Washington Basic Principles of The Law of War. These principles include: 1. Distinction: This principle emphasizes the need to distinguish between combatants and civilians, thereby ensuring that civilian populations are not targeted. It requires parties involved in armed conflicts to direct their attacks only towards military objectives. 2. Proportionality: This principle dictates that the use of force by parties to a conflict should be proportionate to the military advantage sought. It seeks to prevent the use of excessive force that may cause unnecessary harm to civilians or civilian objects. 3. Military Necessity: This principle permits parties to use force that is reasonably required to achieve a legitimate military objective. However, it also prohibits acts that are not indispensable for achieving military goals, such as targeting civilian infrastructure. 4. Protection of the Wounded, Sick, and Shipwrecked: This principle mandates the protection and care of wounded, sick, and shipwrecked combatants, irrespective of their nationality, and prohibits any acts of violence against them. 5. Humane Treatment of Prisoners of War: Parties to an armed conflict must treat prisoners of war humanely, safeguarding their lives, health, dignity, and protecting them from any form of torture, cruel treatment, or punishment. 6. Prohibition on Torture and Inhumane Treatment: This principle strictly prohibits the use of torture, inhumane treatment, or degrading punishment against any person, including combatants or civilians. 7. Protection of Cultural Property and the Environment: This principle highlights the obligation to protect cultural property, such as museums, religious sites, and historical monuments, as well as the natural environment, from deliberate or reckless destruction. It is important to note that the Washington Basic Principles of The Law of War are not the only set of principles governing the conduct of armed forces. Other principles, such as those outlined in the Geneva Conventions and Additional Protocols, also play a significant role in shaping the legal framework for armed conflicts. However, the Washington Basic Principles provide a comprehensive framework that encapsulates the core principles derived from these various treaties and customary laws.
