Editing Law of war (section)

==Example substantive laws of war==

To fulfill the purposes noted above, the laws of war place substantive limits on the lawful exercise of a belligerent's power. Generally speaking, the laws require that belligerents refrain from employing violence that is not reasonably necessary for military purposes and that belligerents conduct hostilities with regard for the principles of humanity and [[chivalry]].

However, because the laws of war are based on consensus (as the nature of international law often relies on self-policing by individual states), the content and interpretation of such laws are extensive, contested, and ever-changing.<ref>Jefferson D. Reynolds. "Collateral Damage on the 21st century battlefield: Enemy exploitation of the law of armed conflict, and the struggle for a moral high ground". [[Air Force Law Review]] ''[http://permanent.access.gpo.gov/lps28111/Vol.%2056%20(2005)/Volume%2056%20Combined.pdf Volume 56, 2005]''(PDF) Page 57/58 "if international law is not enforced, persistent violations can conceivably be adopted as customary practice, permitting conduct that was once prohibited"</ref> 

The following are particular examples of some of the substance of the laws of war, as those laws are interpreted today.

===Declaration of war===
{{Main|Declaration of war}}

Section III of the [[Hague Convention of 1907]] required hostilities to be preceded by a reasoned [[declaration of war]] or by an ultimatum with a conditional declaration of war.

Some treaties, notably the [[United Nations Charter]] (1945) Article 2,<ref>{{cite web |title=Charter of the United Nations, Chapter 1 |url=https://www.un.org/en/charter-united-nations/index.html |website=United Nations |access-date=13 February 2020}}</ref> and other articles in the Charter, seek to curtail the right of member states to declare war; as does the older [[Kellogg–Briand Pact]] of 1928 for those nations who ratified it.<ref>See certified true copy of the text of the treaty in [http://treaties.un.org/doc/Publication/UNTS/LON/Volume%2094/v94.pdf League of Nations, ''Treaty Series'', vol. 94], p. 57 (No. 2137).</ref> These have led to fewer modern armed conflicts being preceded by formal declarations of war, undermining the objectives of the Hague Convention.

===Lawful conduct of belligerent actors===

Modern laws of war regarding conduct during war (''jus in bello''), such as the [[1949 Geneva Conventions]], provide that it is unlawful for belligerents to engage in combat without meeting certain requirements. Article 4(a)(2) of the ''Geneva Convention relative to the Treatment of Prisoners of War'' recognizes Lawful Combatants by the following characteristics:
* (a) That of being commanded by a person responsible for his subordinates;
* (b) That of having a fixed distinctive sign recognizable at a distance;
* (c) That of carrying arms openly; and
* (d) That of conducting their operations in accordance with the laws and customs of war.<ref>{{cite web |url=http://hrlibrary.umn.edu/instree/y3gctpw.htm |title=Geneva Convention relative to the Treatment of Prisoners of War, 75 U.N.T.S. 135|author=<!--Not stated--> |date=1950-09-21 |website=[[University of Minnesota]] Human Rights Library|publisher=United Nations |access-date= 2021-09-12|quote=}}</ref>

Impersonating enemy combatants by wearing the enemy's uniform is possibly allowed, however the issue is unsettled. Fighting in that uniform is unlawful [[perfidy]],<ref>{{Cite web |title=Rule 62. Improper Use of the Flags or Military Emblems, Insignia or Uniforms of the Adversary |url=https://ihl-databases.icrc.org/en/customary-ihl/v1/rule62 |access-date=2023-08-30 |website=ihl-databases.icrc.org |quote=However, their employment is forbidden during a combat, that is, the opening of fire whilst in the guise of the enemy. But there is no unanimity as to whether the uniform of the enemy may be worn and his flag displayed for the purpose of approach or withdrawal.}}</ref> as is the taking of [[hostage]]s{{Citation needed|reason=reliable sources needed for the whole section|date=April 2013}}.

Combatants also must be commanded by a responsible officer. That is, a commander can be held liable in a court of law for the improper actions of their subordinates. There is an exception to this if the war came on so suddenly that there was no time to organize a resistance, e.g. as a result of a [[foreign occupation]].{{Citation needed|reason=reliable source needed for the whole section|date=April 2013}}

===People parachuting from an aircraft in distress===
{{Main|Attacks on parachutists}}

Modern laws of war, specifically within [[Protocol I]] additional to the 1949 Geneva Conventions, prohibits attacking people parachuting from an aircraft in distress regardless of what territory they are over. Once they land in territory controlled by the enemy, they must be given an opportunity to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. This prohibition does not apply to the dropping of [[airborne troops]], [[special forces]], [[commandos]], [[espionage|spies]], [[saboteurs]], [[liaison officer]]s, and [[intelligence agency|intelligence agents]]. Thus, such personnel descending by parachutes are legitimate targets and, therefore, may be attacked, even if their aircraft is in distress.

===Red Cross, Red Crescent, Magen David Adom, and the white flag===
[[File:Emblem of the ICRC.svg|thumb|The emblem of the [[International Committee of the Red Cross]] (French: ''Comité international de la croix-rouge'')]]

Modern laws of war, such as the 1949 Geneva Conventions, also include prohibitions on attacking [[physician|doctors]], [[ambulance]]s or [[hospital ship]]s displaying a [[Red Cross (emblem)|Red Cross]], a [[Red Crescent (emblem)|Red Crescent]], [[Magen David Adom]], [[Emblems of the International Red Cross and Red Crescent Movement#Red Crystal|Red Crystal]], or other emblem related to the [[International Red Cross and Red Crescent Movement]]. It is also prohibited to fire at a person or vehicle bearing a [[white flag]], since that indicates an intent to surrender or a desire to communicate.<ref name="auto">{{Citation |last=Forsythe |first=David |title=International Committee of the Red Cross |date=2019-06-26 |url=http://dx.doi.org/10.1093/obo/9780199796953-0183 |work=International Law |access-date=2023-06-09 |publisher=Oxford University Press |doi=10.1093/obo/9780199796953-0183 |isbn=978-0-19-979695-3}}.</ref>

In either case, people protected by the Red Cross/Crescent/Star or white flag are expected to maintain neutrality, and may not engage in warlike acts. In fact, engaging in war activities under a protected symbol is itself a violation of the laws of war known as [[perfidy]]. Failure to follow these requirements can result in the loss of protected status and make the individual violating the requirements a lawful target.<ref name="auto"/>