HANDOUT

LAWS LAND WARFARE

A. DEFINITION OF TERMS

1. HUMAN TREATMENT –
Provision of Geneva Convention attendee by
sixty one (61) nations.
2. UNWRITTEN RULES – Guide a commander action in the field.
3. WRITTEN RULE - Support a commander action in the field.
4. SWITZERLAND - The neutral country.
5. INTERNATIONAL RED CROSS - The team for referee during war.
6. GENEVA - Headquarters of International Red Cross and
the World Health Organization (WHO)
7. HAGUE - Seat of International Court of Justice
8. WAR - A legal condition of Armed hostilities
between belligerents state or nation.
9. BELLIGERENTS - State the wages against another state or
nation
10. MEMBERS OF PARA MILITARY UNIT - Captured POW commanded
by responsible individual leader
11. MILITARY GOVERNMENT - A form of administration which maybe
established and maintained for the
government areas that have been subjected
to military occupation.
12. MARTIAL LAW - A temporary government of civilian
population of a dynastic territory through
military.

B. PURPOSE OF LAWS OF LAND WARFARE

1. Protecting both combatants and no-combatants from unnecessary suffering.

2. Safeguarding certain fundamental human rights of a person who fall into the
hands of enemy, particularly prisoners of war, the wounded and sick civilians.

3. Facilitating the restoration of peace.

C. THREE (3) INTERDEPENDENT BASIC PRINCIPLES

1. Principles of Military Necessity – Army contingent occupied a certain area of

military value.

2. Principle of Humanity – Occupying Forces of certain area disregard the custom

and tradition of inhabitants by being cruel to them.

3. Principle of Chivalry – When female honor and dignity were completely abused
and disregard.

D. SOURCE OF LAWS OF WAR

1. Law making treaties or convention – such as Hague and Geneva Convention

2. Customs (Customary) – Body of unwritten or customary law establish by the

custom of nations and well defined by recognized authorities on international
law.
E. FORCES OF THE LAWS OF WAR

1. Technical Forces of Treaties – members of the army. The extent established by its
term, binding the state that have verified or acceded to and have not there after
denounced, the treaty or convention and is binding only the extent permitted by
the reservations, if any.

2. Forces of Treaties – Geneva and Hague. Treaties part of the “Supreme Law of the
Land”, in consequences, treaties relating to the law of war have force equal to that
law enacted by congress.

3. Forces of Customary Law – Custom and Tradition. The unwritten or customary

law of war is binding upon all nation.

F. SITUATIONS TO WHICH THE LAW OF WAR IS APPLICABLE

1. Legal conditions of Armed hostility between states accompanied by the

commission of acts violence.

2. Customary Law of War.

3. Treaties governing Land Warfare.

4. Special Case of Civil War.

a. Customary Law of War applicable to the rebels or belligerents

b. Geneva Convention of 1949.

G. RIGHTS OF BONAFIDE POW

1. To be humanly treated and protected against acts of violence.

2. To have their person and honor with due regard to sex.

3. To retain their full civil status in their home country.

4. To be personally correspond with their families.

5. To retain their personal effect, as well as helmet and gas mask and other items for
protection while in combat zone.

6. To receive any medical treatment them may need.

7. To complain to the representative of neutral powers of International Red Cross for

illegal condition of captivity.

8. To defend themselves, or be defended properly during trial.

9. To appeal any sentence rendered which regard to them.

10. To profess any religion or creed choice.

H. PRIVELEGE OF POW

1. Freedom in the exercise of the professed religion.

2. Participants in the sports/intellectual diversion.
3. Keep fixed amount of money.
4. Request and obtained suitable work.

I. GENEVA CONVENTION

1. 1864, 1868 and 1969 – International convention formulated by the International

Red Cross.

2. 1907 – The convention were extended to sea warfare.

3. 1929 – The treatment of POW during war was extended.

4. 1949 – The modernization of the convention was further extended.

PROHIBITED ACTS

a. Violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture.
b. Taking of hostage.
c. Outrages upon personal dignity in particular humiliating and disregarding
treatment
d. Passing of sentence and the carrying out of execution with previous judgement
pronounce by a regularly constituted court.

PROVISIONS OF GENEVA CONVENTION

a. To safeguard certain human right in time of war.

b. Military hospitals were to be regarded as neutral.
c. The wounded be respected.
d. Medical services, personnel and supplies be protected under Red Cross emblem.

J. HAGUE CONVENTION

1. 1979 – An international Red Cross attended by twenty four (24) countries. It is

created by the Hague Permanent Court of Arbitration.
2. 1907 – An International Red Cross attended by the representative of forty four
(44) countries. A draft of convention court proposed by the US delegate to helped
established the Permanent Court International.

PROVISIONS OF HAGUE CONVENTION

a. The Pacific settlement of International disputes.

b. The rules of Land Warfare.
c. The Application of Naval Warfare.
d. The prohibition for the launching of projectiles balloon, the use of poison gasses
(not by the US and Great Britain) and the use of dumdum bullets.

K. CESSATION OF APPLICABILITY OF LAW OF LAND WARFARE

1. Termination of war agreement, normally in the form of a treaty of peace.

2. Termination of war by a lateral declaration of one of the parties provided the other
party does not continue hostilities or decline to recognize the act.

3. The complete subjugation of enemy state prior to its allies.

4. The termination of declared war or armed conflict by simple assertion of

hostilities.
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