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Standard Laws of Warfare
Topic Started: Apr 27 2014, 11:11 AM (319 Views)
United Islamic Federation
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As the Absurranian representative to this Regional Congress, I submit before the Committee of Legislative Affairs this proposal of a bill setting the standard for general rules of warfare in Ixnay.

Preamble
This bill sets the standard the rules of warfare across Ixnay


Part I: Military Conduct

Article I
Soldiers are expected to wear military uniforms that identify their nationality. Camouflaged uniforms are obviously allowed, so long as they do not have any insignias or patterns that easily mislead people to believe the soldiers wearing them are on a different side of the conflict. Attempting to hide their side of a conflict or cover their status as soldiers by wearing the military uniforms of enemy while also engaging in combat is unlawful, as is feigning surrender by committing acts such as openly declaring surrender or waving white flags, and then engaging in the enemy when they expose themselves.

Part II: Banned Weapons

Article II
Biological weapons are classified are devices utilizing toxins or other infectious agents to bring serious harm to a people, and chemical weapons are classified as devices that use a specific chemical formula to brig serious harm to people. Radiological weapons are any and all weapons that spread harmful amount of radioactive material to kill/harm people. Nuclear weapons are weapons that gain their explosive force from nuclear reactions. Biological, chemical, radiological, and nuclear weapons are all banned from all warfare, both domestic and international, due to their exceedingly harmful nature, often long lingering effects, and the excessive pain they often inflict on their victims.


Part III: Treatment of Noncombatants


Article III
Any and all unarmed parties in a conflict are to be classified as noncombatants, including former military personnel that have laid down their arms, and are not to be targeted by military parties. They are to be treated humanely and are not to be attacked, and thus are not to be raped, killed, or tortured. Noncombatants cannot be 'lawfully sentenced' by any military party unless the sentence, fatal or not, was given by a regularly constituted court that has not been influenced by said military party. Martial law is to be considered an exception, under the proper circumstances.

Article IV
Prisoners of war are to be treated as noncombatants, and are to be held to the same standards as noncombatants are, as set by Article III. PoW's are to be treated humanely and given necessary rations to keep them alive and healthy. They are to receive medical attention if wounded and/or sick, and are not to be executed or tortured. Torture is defined as the deliberate act of inflicting physical or psychological pain. Whether this is done for information or not is irrelevant to it's legality.

Article V
Medical units and personnel such as doctors, nurses, ambulances, or other emergency medical personnel and vehicles are to be considered neutral noncombatant parties, and are not to be engaged, regardless of whom they are attending to. Should said parties participate in warlike acts such as military sabotage or acts of violence, they will have terminated their protection and neutral status and violated the rules set in Article II, and can be considered lawful targets for military parties.

Edited by United Islamic Federation, May 4 2014, 10:21 AM.
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The Eorlingan Empire
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Part I: Declaration of War and Military Conduct

Article I
I must reject this part of the bill.

Article II
I can only support a part of this Article - no ORDERED feigned-surrender may take place, but if the combat group employs said tactic, then the combat group will be held responsible, not the entire armed forces, seeing as there was no order given. Also, the identifying wear, this goes against the principles of camoflauge and such, so I will have difficulty recognizing the purpose of this and how it would be put into effect.

Part II: Banned Weapons

Article III
Approved with no qualms.


Part III: Treatment of Noncombatants

Article IV
I might have issue with this, but for now, I shall let this pass.

Article V
As mentioned above, I might have some issue, but it is appropriate to pass to the Congress.

Article VI
This is approved with no qualms.
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United Islamic Federation
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"Article I has been scrapped, and Article II, now classified as article I, has been amended so that it shows that camouflage is allowed. The purpose of Article II is to ban a military force or their soldiers from purposefully impersonating soldiers of a different armed forces. Camouflage is not to be restricted on. Both the charges of impersonation of enemy soldiers and feigned surrender will be placed only on those responsible. If a military ordered it, then those who ordered it and approved it and committed the crime will be charged. If a combat group did so, then the combat group will charged. This goes without saying, as it is common sense. Regarding Articles IV and V, now classified Article III and IV, what are your qualms with them?"
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Kiravia
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Lord of the Isles
"The Federacy objects only to one phrase in Articles III. If '[n]oncombatants cannot be 'lawfully sentenced' by any military party unless the sentence, fatal or not, was given by a regularly constituted court that has not been influenced by said military party', then the law precludes the implementation of martial law. Martial law is a well-established practice of war that is often necessary to provide a temporary measure of governance and order in an occupied territory until a civil administration can be put in place or questions of territorial control are settled, which benefits and protects the local population. Kiravian forces are currently administering martial law in the Kiravian Occupation Zone in Sakatia, and we would presume that other occupying powers are doing the same as we set up a more permanent court system.

"We do , however, recognise the need to prevent and minimise abuses of martial law. Perhaps this matter would be better addressed in a separate piece of legislation devoted to that topic?

"Everything else in this proposal meets with Kiravian approval."
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Pauldustllah
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The Kingdoms concern with this piece of legislation is a phrase in article one. We see no reason to include "to carry their weapons openly" in the treaty. other than that, THe kigdon is willing to give it's fully support to the treaty.
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Kiravia
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Lord of the Isles
"We find the Kingdom's concern to be valid. The clause in question would prohibit covert operations and generally complicate normal combat procedures. It would also be rather difficult to enforce. We move for its removal."
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United Islamic Federation
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"Article I has been amended to exclude the requirement to carry weapons openly, noting the complications it would cause. As the Absurranian congressman, I note that the requirement for soldiers to wear their military uniforms remains intact."

"As for Article III, the addition "Martial law is to be considered an exception, under the proper circumstances" has been added to allow for martial law, but under vague enough definition to allow for later legislation to determine proper standards for martial law."

"I move for this legislation to be sent to the floor."
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Kistan
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The Republic accepts the current draft with two reservations:

Article 2: All Kistani WMDs are biological or chemical, and will be used on command by the highest ranks of the military. However, to sate this document, a military tribunal will be used to determine if the action was justifiable after the fact. In short, Kistan will use the weapons first and try the commanding officer for war crimes once a non-wartime atmosphere resumes.

Article 5: Kistani military doctrine notes that many medical personnel are in fact part of engaging military forces. However, civilian medical aid will be permitted. No forces of Kistan are at any time required to cease combat; such groups must make the time to deliver aid.

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Pauldustllah
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I second the motion to bring this bill to the floor.
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