FM 6-27 MCTP 11-10C - United States Army

1 FM 6-27 MCTP 11-10 CTHE COMMANDER'S HANDBOOK ON THE LAW OF LAND WARFAREDISTRIBUTION RESTRICTION:Approved for public release; distribution is publication supersedes FM 27-10/MCTP 11-10C ,dated 18 July , DEPARTMENT OF THE ARMYHEADQUARTERS, United States MARINE CORPSAUGUST 2019 Foreword The lessons of protracted conflict confirm that adherence to the law of armed conflict (LOAC) by the land forces, both in international and non-international armed conflict, must serve as the standard that we train to and apply across the entire range of military operations. Adhering to LOAC enhances the legitimacy of our operations and supports the moral framework of our armed forces. We have learned that we deviate from these norms to our detriment and risk undercutting both domestic and international support for our operations. LOAC has been and remains a vital guide for all military operations conducted by the Government.

2 This field manual provides a general description of the law of land warfare for Soldiers and Marines, delineated as statements of doctrine and practice, to guide the land forces in conducting disciplined military operations in accordance with the rule oflaw. The Department of Defense Law of War Manual (June 2015, updated December 2016) is the authoritative statement on the law of war for the Department of Defense. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and the DOD Law of War Manual, the latter takes precedence. This field manual has been over 20 years in the making and owes much to the judge advocates, Soldiers, Marines, and civilian employees who have endeavored to update The Law of Land warfare since its publication, as Field Manual (FM) FM 27-10/Marine Corps Tactical Publication (MCTP) (changed in 2017 to MCTP 11-lOC), in 1956, and the change promulgated in 1976.

3 CHARLES N. PEDE LIEUTENANT GENERAL, army THE JUDGE ADVOCATE GENERAL W. F. MULLEN III MAJOR GENERAL, MARINE CORPS COMMANDING GENERAL TRAINING AND EDUCATION COMMAND This publication is available at the army Publishing Directorate site ( ) and the Central army Registry site ( ). )0 6-27/MCTP 11-10C & &KDQJH 1R +HDGTXDUWHUV 'HSDUWPHQW RI WKH $UP\ Washington, DC The Commander's Handbook on the Law ofLand warfare $ SOXV VLJQ PDUNV QHZ PDWHULDO )0 6-27/MCTP 11-10C 7 August 9 LV FKDQJHG DV IROORZV 5 HPRYH 2OG 3 DJHV,QVHUW 1HZ 3 DJHVSDJHV 1-5 WKURXJK 1-6 SDJHV 1-5 through 1-6 +HDGTXDUWHUVU nited States Marine Corps Training and Education Command Quantico, VA, 20 September 2019 Field ManualNo. 6-27 Marine Corps Tactical Publication No. 11-10C3. File this transmittal sheet in front of the publication for reference RESTRICTION: Approved for public release; distribution is 6-27, C1 20 September 2019%\ 2 UGHU RI WKH 6 HFUHWDU\ RI WKH $UP\ JAMES C.

4 MCCONVILLE *HQHUDO 8 QLWHG 6 WDWHV $UP\ &KLHI RI 6 WDII 2 IILFLDO DISTRIBUTION:Active army , army National Guard, and United States army Reserve: 7R EH Gistributed in DFFRUGDQFH ZLWK WKH LQLWLDO GLVWUXEXWLRQ QXPEHU ,'1 116094 UHTXLUHPHQWV IRU FM 6-27 KATHLEEN S. MILLER Administrative Assistant to the Secretary of the MULLEN III Major General, Marine Corps Commanding General, Training and Education Command%\ 2 UGHU RI WKH Marine Corps *FM 6-27/MCTP 11-10 CDISTRIBUTION RESTRICTION: This publication is approved for public release; distribution is unlimited. This publication supersedes FM 27-10/MCTP 11-10C (dated 18 July 1956).i Field Manual No. 6-27 Headquarters Department of the army Washington, DC Marine Corps Tactical Publication No. 11-10C Headquarters United States Marine Corps Training and Education Command Quantico, VA, 07 August 2019 The Commander's Handbook on the Law ofLand warfare Contents Page v INTRODUCTION.

5 Vii Chapter 1 GENERAL BACKGROUND AND BASIC PRINCIPLES OF THE LAW OF .. ARMED CONFLICT .. 1-1 International Law and Use of Force in International Relations .. 1-1 Lex Specialis The Law of Armed Conflict .. 1-1 Purposes of the Law of Armed Conflict .. 1-2 When the Law of Armed Conflict Applies .. 1-2 Principles of the Law of Armed Conflict .. 1-5 Classes of Persons .. 1-11 Sources of the Law of Armed Conflict .. 1-20 Protecting Powers and Humanitarian Organizations .. 1-24 End of Hostilities and LOAC Rules .. 1-25 Human Rights Law .. 1-26 Training the Law of Armed Conflict .. 1-26 Chapter 2 CONDUCT OF HOSTILITIES .. 2-1 Practical Guidance for Adhering to LOAC .. 2-1 Distinction Between Means and Methods of warfare .. 2-1 Protection of Civilians .. 2-1 Protection of Civilians: A Shared 2-2 Civilians Taking a Direct Part in Hostilities.

6 2-2 Targeting and Military Objectives .. 2-5 Combatants .. 2-10 Proportionality in Conducting Attacks Excessive Incidental Harm and Feasible Precautions .. 2-12 Lawfulness of Certain Methods of Waging warfare .. 2-15 Good Faith, Perfidy, and Other Unlawful Acts, and Lawful Deception and Ruses of War .. 2- 24 Contents ii FM 6-27/MCTP 11-10C 07 August 2019 Prohibition Against Compelling Enemy Nationals to Take Part in Military Operations Directed Against Their Own Forces or State .. 2-28 Treatment of Enemy Property .. 2-30 Ensuring Legality of Weapons and Weapon Systems .. 2-32 Chapter 3 PRISONERS OF WAR AND OTHER DETAINEES .. 3-1 Practical Guidance on POWS and Detainee 3-1 Basic Protections and Humane Treatment for All Detainees .. 3-1 GPW and POW Protections .. 3-3 Persons Entitled to Prisoner of War Status .. 3-3 Other Persons to be Given Prisoner of War Treatment.

7 3-5 Commencement and Duration of Status .. 3-5 Retained 3-5 Persons Not Entitled to Prisoner of War Status .. 3-6 Basic Protections and Humane Treatment for POWS .. 3-7 Beginning of Captivity .. 3-8 Internment in Prisoner of War Camps .. 3-10 Communications, Shipments, and Related Entities .. 3-13 Labor .. 3-16 Financial Resources of Prisoners of 3-17 Camp Administration and Discipline .. 3-17 Penal and Disciplinary Sanctions .. 3-18 Transfer of Prisoners of War .. 3-22 Death of Prisoners of War .. 3-23 Termination of Captivity .. 3-23 Chapter 4 THE WOUNDED AND SICK .. 4-1 Basic Principles .. 4-1 Protection and Care of the Wounded and Sick .. 4-3 Medical Units, Facilities, Personnel, and Ground Transports .. 4-4 The Distinctive Emblems .. 4-7 Medical Care Provided by Impartial Humanitarian Organizations .. 4-9 Chapter 5 CIVILIANS.

8 5-1 Practical Guidance on the Protection of Civilians .. 5-1 General Provisions .. 5-2 Provisions Common to the Territories of the Parties to the Conflict and to Occupied Territories .. 5-12 Aliens in the Territory of a Party to the Conflict .. 5-13 Treatment of Internees .. 5-15 Chapter 6 OCCUPATION .. 6-1 Overview and Practical Guidance .. 6-1 Humane Treatment and Other Basic Protections for Protected Persons in Ooccupied Territory .. 6-5 Administration of the Occupied 6-5 Protection of the Population of the Occupied Territory .. 6-8 Relief Societies and Protected Persons .. 6-13 Treatment of Enemy Property .. 6-13 Services of Inhabitants and Officials .. 6-17 Public Finance .. 6-19 Obedience, Security Measures, and Penal Legislation and Procedure .. 6-23 Chapter 7 NON-HOSTILE RELATIONS BETWEEN BELLIGERENTS .. 7-1 General Background.

9 7-1 Practical Guidance for Commanders .. 7-2 Communication Between Belligerents .. 7-2 Parlementaires .. 7-3 Contents 07 August 2019FM 6-27/MCTP 11-10C iii Significance of the White Flag .. 7-5 Military Passports, Safe-Conducts, Safeguards, Cartels, and Other Special Agreements .. 7-6 Armistice .. 7-8 Capitulations .. 7-14 Chapter 8 WAR CRIMES AND ENFORCEMENT OF THE LAW OF ARMED CONFLICT .. 8-1 Practical Guidance for Commanders and Soldiers or Marines .. 8-1 Violations of the Law of Armed Conflict .. 8-2 War Crimes .. 8-2 Prosecution of War 8-7 Remedies for Violation of LOAC .. 8-14 Appendix A MAJOR LAW OF ARMED CONFLICT TREATIES AND THEIR STATUS .. A-1 GLOSSARY .. Glossary-1 REFERENCES .. References-1 INDEX .. Index-1 Figures Figure 1-1. Common Article 3 .. 1-5 Figure 1-2. Martens Clause .. 1-6 Figure 2-1. Special AP I sign for works and installations containing dangerous 2-20 Figure 4-1.

10 The distinctive emblems .. 4-7 Figure 5-1. The distinctive emblem for the protection of cultural property .. 5-7 Figure 5-2. The distinctive sign of civil defense .. 5-11 Tables Table Preface-1. Treaty name abbreviations .. vi Introductory table-1. New army terms .. viii Table 1-1. Application of basic LOAC principles .. 1-6 Table 1-2. Treaties .. 1-20 This page intentionally left blank. 07 August 2019 FM 6-27/MCTP 11-10C v Preface Commanders, staffs, and subordinates must ensure that their decisions and actions comply with applicable , international, and in some cases host-nation laws and regulations. Commanders at all levels will ensurethat their Soldiers or Marines operate in accordance with the law of armed conflict (LOAC) and applicablerules of publication provides guidance to Soldiers and Marines on the doctrine and practice related to customary and treaty law applicable to the conduct of warfare on land and to relationships between opposing belligerents, in order to train and prepare for combat operations.