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Section E seeks to show how the law on the conduct of hostilities that would apply in relation to the use of conventional weapons also applies in respect of nuclear weapon operations. The Rules and Commentaries deal with persons participating in the hostilities, who are distinguished from protected civilians, and with specific issues of naval and air warfare. The Rules and Commentaries on nuclear targeting address the notion of ‘attack’, the principle of distinction, prohibited nuclear attacks, the definition of military objectives, proportionality and active and passive precautions. As to methods of nuclear warfare, the Section addresses perfidy and ruses, the improper use of protective indicators and emblems, as well as the concept of zones. The Section further includes Rules and Commentaries on persons and objects entitled to specific protection and on the protection of the natural environment in times of armed conflict.
Chapter 6 relates the individual status of the “players” on an armed conflict battlefield. It is the second question students should answer (after the conflict’s status) because the players’ status determines their rights and legal duties in the conflict. Civilians and combatants predominate, of course, but there are numerous subcategories for both: prisoners of war, retainees, militia, persons accompanying the armed forces, levée en masse fighters, spies, and mercenaries. Each category is explained and placed in relation to the other players. What if a civilian captured with weapons claims noncombatant status? LOAC provides for an informal tribunal. How is the familiar “farmer-by-day-fighter-by-night” dealt with? Who is an “unprivileged belligerent” and are they the same as an “unlawful combatant”? What status for a civilian who directly participates in hostilities and what are their battlefield rights, if any? Who is a “protected person” and what makes them such? These statuses and more are considered, along with their positions vis-à-vis the combatants who engage in combat with them.
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