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The Feindstrafrecht (German for "Criminal Law of the Enemy") is a criminal law and civil rights concept outlined in 1985 by the German criminal law professor and legal philosopher Günther Jakobs. The Feindstrafrecht says that certain people, as enemies of the society (or the state), do not deserve the protections of the civil or penal law.
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). [1] [2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
The legal effect of the status depends on the category of civilian persons and their location (on the territory of adversary Party or on the occupied territory). [47] The civilians can lose the protection against the attacks, if they participate in the hostilities against the enemy. [48] [49]
A facsimile of the signature-and-seals page of The 1864 Geneva Convention, which established humane rules of war. The original document in single pages, 1864 [1]. The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war.
The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...
To be legal, aerial operations must comply with the principles of humanitarian law: military necessity, distinction, and proportionality: [1] An attack or action must be intended to help in the military defeat of the enemy; it must be an attack on a military objective, and the harm caused to protected civilians or civilian property must be ...
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The modern law of war is made up from three principal sources: [1] Lawmaking treaties (or conventions)—see § International treaties on the laws of war below. Custom. Not all the law of war derives from or has been incorporated in such treaties, which can refer to the continuing importance of customary law as articulated by the Martens Clause.