FM 6-27/MCTP 11-10C THE COMMANDER’S HANDBOOK ON THE LAW OF LAND WARFARE (2019. 8. 7.)

Description

This publication supersedes FM 27-10/MCTP 11-10C, dated 18 July 1956.

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 U.S. Government. 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 of law. 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) 11-lOB.l (changed in 2017 to MCTP 11-lOC), in 1956, and the change promulgated in 1976.

CHARLES N. PEDE
LIEUTENANT GENERAL, U.S. ARMY
THE JUDGE ADVOCATE GENERAL

W. F. MULLEN III
MAJOR GENERAL, U.S. MARINE CORPS
COMMANDING GENERAL
TRAINING AND EDUCATION COMMAND

Preface

Commanders, staffs, and subordinates must ensure that their decisions and actions comply with applicable U.S., international, and in some cases host-nation laws and regulations. Commanders at all levels will ensure that their Soldiers or Marines operate in accordance with the law of armed conflict (LOAC) and applicable rules of engagement.

This 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. Although some of the legal principles set forth herein also apply to warfare at sea and in the air, this publication otherwise concerns itself with the rules peculiar to naval and aerial warfare only to the extent that such rules have some direct bearing on the activities of Soldiers and Marines operating on land.

This is an official publication of the U.S. Army and a referenced publication for the U.S. Marine Corps. It does not necessarily reflect the views of other Department of Defense (DOD) components or the DOD as a whole. This publication is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

The principal audience for this publication is Army and Marine Corps commanders as well as Army and Marine Corps judge advocates. Commanders and staffs of Army and Marine Corps headquarters serving as joint task force or multinational headquarters should also refer to applicable joint or multinational doctrine. Trainers and educators throughout the Army and Marine Corps will also use this publication where appropriate. This publication often describes legal concepts in general terms for non-lawyers rather than exhaustively.

As stated in DOD Directive 2311.01E, 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. The DOD Law of War Manual provides more detail on and discussion of the legal rules and concepts discussed in this manual and addresses other law of war topics. Soldiers and Marines may find it useful to consult Air Force and Navy publications on the law of war when addressing issues related to the air and sea domains.

This publication uses joint or DOD terms where applicable. Selected joint, DOD, and Army terms and definitions appear in both the glossary and the text. When terms are defined by this publication as the proponent for the Department of the Army and the Marine Corps, the terms and definitions are boldfaced and italicized in the text and marked with an asterisk (*) in the glossary. For other definitions shown in the text, the term is italicized and the number of the proponent publication follows the definition.

This publication uses some joint approved and some nonstandard abbreviations for treaty names to enhance readability. The table preface-1 on page vi provides a list of the treaty name abbreviations used in this publication. Readers should consult the Appendix to obtain the full citation for these and other major treaties concerning the law of land warfare.