83-455: The Freischar ( German: [ˈfʁaɪ̯ˌʃaːɐ̯] ) was the German name given to an irregular , volunteer military unit that, unlike regular or reserve military forces, participated in a war without the formal authorisation of one of the belligerents , but on the instigation of a political party or an individual. A Freischar deployed against a foreign enemy was often called
166-527: A Freikorps . The term Freischar has been commonly used in German-speaking Europe since 1848. The members of a Freischar were called Freischärler ( German: [ˈfʁaɪ̯ˌʃɛːɐ̯lɐ] ). As early as 1785 Johann von Ewald published in Kassel his Essay on Partisan Warfare ( German : Abhandlung über den kleinen Krieg ), which described his experiences with the rebels in
249-659: A belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated. Every feasible precaution must be taken by commanders to avoid civilian casualties. The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non-international armed conflicts. The principle of humane treatment requires that civilians be treated humanely at all times. Common Article 3 of
332-453: A conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law . Reparation for victims of serious violations of International Humanitarian Law acknowledges the suffering endured by individuals and communities and seeks to provide a form of redress for the harms inflicted upon them. The evolving legal landscape, notably through
415-499: A controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as from its own Statutes. The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. During conflict, punishment for violating
498-534: A distinctive uniform or other easily identifiable badge, and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy , as is the taking of hostages . International humanitarian law now includes several treaties that outlaw specific weapons. These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7,000 deaths
581-412: A grand scale, there is no one to carry out guerilla missions but regulars." He also emphasizes the importance for the use of regular units permanently attached to guerilla warfare activities, stating that they can play key roles in severing enemy supply routes. While the morale, training and equipment of the individual irregular soldier can vary from very poor to excellent, irregulars are usually lacking
664-427: A peasant guerilla force which in time transformed itself into a large regular force. This transformation was foreseen in the doctrine of " people's war ", in which irregular forces were seen as being able to engage the enemy and to win the support of the populace but as being incapable of taking and holding ground against regular military forces. Modern conflicts in post-invasion Iraq , the renewed Taliban insurgency in
747-604: A prisoner should not be killed, as he "cannot be held responsible for mere acts of belligerency". However, the prohibition against killing non-combatants is not necessarily absolute in Islamic Law. For example, in situations where an "enemy retreats inside fortifications and one-to-one combat is not an option", Islamic jurists have been unanimous as to the permissibility on the use of less discriminating weapons such as mangonels (a weapon for catapulting large stones) if required by military necessity but have differed with respect to
830-468: A result of World War II, all four conventions were revised, based on previous revisions and on some of the 1907 Hague Conventions, and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in 1949. There are three additional amendment protocols to
913-511: A set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions ), customary international law , general principles of nations, and case law . It defines
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#1732781102288996-575: A trial; if captured after rejoining their own army, they must be treated as prisoners of war. Suspected terrorists who are captured during an armed conflict, without having participated in the hostilities, may be detained only in accordance with the GC IV , and are entitled to a regular trial. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. After
1079-403: A unit recruited from the people" were all examples of ways in which regular military units could be involved in irregular warfare. Mao argues that regular army units temporarily detailed for irregular warfare are essential because "First, in mobile-warfare situations, the coordination of guerilla activities with regular operations is necessary. Second, until guerilla hostilities can be developed on
1162-414: A year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets", have also killed many. An estimated 98% of the victims are civilian; farmers tilling their fields and children who find these explosives have been common victims. For these reasons, the following conventions have been adopted: The ICRC is the only institution explicitly named under international humanitarian law as
1245-631: Is made up of two historical streams: The two streams take their names from a number of international conferences that took place in those two cities and which produced treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first of which was drawn up in 1863. Both deal with jus in bello , which deals with the question of whether certain practices are acceptable during armed conflict. The Law of The Hague, or
1328-536: Is naked, nor one who is disarmed, nor one who looks on without taking part in the fight." Islamic law states that " non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested. The first Caliph, Abu Bakr , proclaimed, "Do not mutilate. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees. Do not slaughter livestock except for food." Islamic jurists have held that
1411-671: Is significant variance in what comes under the term. It can refer to the type of military organization, or to the type of tactics used. An irregular military organization is one which is not part of the regular army organization. Without standard military unit organization , various more general names are often used; such organizations may be called a troop , group , unit , column , band , or force . Irregulars are soldiers or warriors that are members of these organizations, or are members of special military units that employ irregular military tactics. This also applies to irregular infantry and irregular cavalry units. Irregular warfare
1494-440: Is the law that regulates the conduct of war ( jus in bello ). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants . International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises
1577-446: Is to be used to refer to a specific group. Using one term over another can strongly imply strong support or opposition for the cause. It is possible for a military to cross the line between regular and irregular. Isolated regular army units that are forced to operate without regular support for long periods of time can degrade into irregulars. As an irregular military becomes more successful, it may transition away from irregular, even to
1660-519: Is warfare employing the tactics commonly used by irregular military organizations. This involves avoiding large-scale combat, and focusing on small, stealthy, hit-and-run engagements. The words "regular" and "irregular" have been used to describe combat forces for hundreds of years, usually with little ambiguity. The requirements of a government's chain of command cause the regular army to be very well defined, and anybody fighting outside it, other than official paramilitary forces, are irregular. In case
1743-732: The 2001 war in Afghanistan , the Darfur conflict , the rebellion in the North of Uganda by the Lord's Resistance Army , and the Second Chechen War are fought almost entirely by irregular forces on one or both sides. The CIA 's Special Activities Center (SAC) is the premiere American paramilitary clandestine unit for creating or combating irregular military forces. SAD paramilitary officers created and led successful units from
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#17327811022881826-560: The British Army . Prior to 1857 Britain's East India Company maintained large numbers of cavalry and infantry regiments officially designated as "irregulars", although they were permanently established units. The end of Muslim rule saw a large number of unemployed Indian Muslim horsemen, who were employed in the army of the EIC . British officers such as Skinner , Gardner and Hearsay had become leaders of irregular cavalry that preserved
1909-618: The CIA 's Special Activities Center . However at times, such as out of desperation, conventional militaries will resort to guerilla tactics, usually to buy breathing space and time for themselves by tying up enemy forces to threaten their line of communications and rear areas, such as the 43rd Battalion Virginia Cavalry and the Chindits . Although they are part of a regular army, United States Special Forces are trained in missions such as implementing irregular military tactics . However, outside
1992-673: The Confederate States of America . One could attribute the disastrous defeat of the Romans at the Battle of the Teutoburg Forest to the lack of supporting irregular forces; only a few squadrons of irregular light cavalry accompanied the invasion of Germany when normally the number of foederati and auxiliaries would equal the regular legions. During this campaign the majority of locally recruited irregulars defected to
2075-903: The Hmong tribe during the Laotian Civil War in the 1960s and 1970s. They also organized and led the Mujaheddin as an irregular force against the Soviet Union in Afghanistan in the 1980s, as well as the Northern Alliance as an irregular insurgency force against the Taliban with US Army Special Forces during the war in Afghanistan in 2001 and organized and led the Kurdish Peshmerga with US Army Special Forces as an irregular counter-insurgency force against
2158-717: The International Criminal Tribunals for the former Yugoslavia and Rwanda ) and mixed tribunals (like the Special Court for Sierra Leone ) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law. IHL has generally not been subject to
2241-575: The North American colonies. The Hague Convention of 1907 distinguished between militia , volunteer corps and members of the regular armed forces. According to the then ruling legal principle, volunteers did not have to be brought before a court. They could be sentenced by a court martial and executed. A historic example is the execution of the officers of the Freischar of Ferdinand von Schill in 1809. This legal situation changed with
2324-487: The Nuremberg trials . IHL operates on a strict division between rules applicable in international armed conflict and internal armed conflict . International humanitarian law is traditionally seen as distinct from international human rights law (which governs the conduct of a state towards its people), although the two branches of law are complementary and in some ways overlap. Modern international humanitarian law
2407-592: The OSS operators of World War II, which were tasked with inspiring, training, arming and leading resistance movements in German-occupied Europe and Japanese occupied Asia. In Finland, well-trained light infantry Sissi troops use irregular tactics such as reconnaissance, sabotage and guerrilla warfare behind enemy lines. The founder of the People's Republic of China , Mao Zedong actively advocated for
2490-607: The Peninsular War led by Spaniards against the French invaders in 1808 provided the first modern example of guerrilla warfare . Indeed, the term of guerrilla itself was coined during this time. As the Industrial Revolution dried up the traditional source of irregulars, nations were forced take over the duties of the irregulars using specially trained regular army units. Examples are the light infantry in
2573-939: The Three Kingdoms period, the American Revolution , the Irish War of Independence and Irish Civil War , the Franco-Prussian War , the Russian Civil War , the Second Boer War , Liberation war of Bangladesh, Vietnam War , the Syrian Civil War and especially the Eastern Front of World War II where hundreds of thousands of partisans fought on both sides. The Chinese People's Liberation Army began as
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2656-630: The United Nations Security Council resolution 2664 (2022). This includes incorporating humanitarian exemptions into EU sanctions regimes, ensuring that aid can reach those in need without legal barriers. This shift has led to the inclusion of comprehensive humanitarian exemptions in new sanctions frameworks for Niger and Sudan, and the amendment of existing regimes to incorporate similar exemptions, thereby covering key humanitarian contexts in countries like Lebanon, Myanmar, and Venezuela. IHL emphasises, in various provisions in
2739-476: The laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm". In particular, it concerns itself with Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare
2822-596: The rights of fair and regular trial ", because they are still covered by GC IV, Article 5 . Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant". Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Spies may only be punished following
2905-643: The GCs and APs, the concept of formal equality and non-discrimination. Protections should be provided "without any adverse distinction founded on sex". For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men". In addition to claims of formal equality, IHL mandates special protections to women, providing female prisoners of war with separate dormitories from men, for example, and prohibiting sexual violence against women . The reality of women's and men's lived experiences of conflict has highlighted some of
2988-506: The GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. This principle of humane treatment has been affirmed by
3071-666: The Geneva Convention: The Geneva Conventions of 1949 may be seen, therefore, as the result of a process which began in 1864. Today they have "achieved universal participation with 194 parties". This means that they apply to almost any international armed conflict. The Additional Protocols, however, have yet to achieve near-universal acceptance, since the United States and several other significant military powers (like Iran, Israel, India and Pakistan) are currently not parties to them. With
3154-636: The Germanic tribesmen led by the former auxiliary officer Arminius . During the decline of the Roman Empire , irregulars made up an ever-increasing proportion of the Roman military. At the end of the Western Empire, there was little difference between the Roman military and the barbarians across the borders. Following Napoleon 's modernisation of warfare with the invention of conscription ,
3237-420: The ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts. The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war, civilians, and persons hors de combat . All protected persons shall be treated with
3320-603: The Kurdish Sunni Islamist group Ansar al-Islam at the Iraq-Iran border and as an irregular force against Saddam Hussein during the war in Iraq in 2003. Irregular civilian volunteers also played a large role in the Battle of Kyiv during the 2022 Russian Invasion of Ukraine. International humanitarian law International humanitarian law ( IHL ), also referred to as the laws of armed conflict ,
3403-462: The Law of The Hague and the Law of Geneva, but also important human rights provisions. Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross . It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case,
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3486-568: The United States, the term special forces does not generally imply a force that is trained to fight as guerillas and insurgents. Originally, the United States Special Forces were created to serve as a cadre around which stay-behind resistance forces could be built in the event of a communist victory in Europe or elsewhere. The United States Special Forces and the CIA's Special Activities Center can trace their lineage to
3569-490: The adoption of the 1977 Additional Protocols to the Geneva Conventions , the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law (i.e. the protection of certain prisoners of war and civilians in occupied territories). The 1977 Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both
3652-446: The age of eighteen must not be permitted to take part in hostilities, cannot be evacuated to a foreign country by a country other than theirs, except temporarily due to a compelling threat to their health and safety, and if orphaned or separated from their families, must be maintained and receive an education. The European Union has made significant changes to its sanctions policy to better safeguard humanitarian efforts, in response to
3735-664: The basic training of irregulars. The regulars would only provide the core military in the major battles; irregulars would provide all other combat duties. Notable examples of regulars relying on irregulars include Bashi-bazouk units in the Ottoman Empire , auxiliary cohorts of Germanic peoples in the Roman Empire , Cossacks in the Russian Empire , and Native American forces in the American frontier of
3818-487: The civilian population. The two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces", including non-nationals and refugees. However, it is accepted that operations may cause civilian casualties. Luis Moreno Ocampo, chief prosecutor of
3901-503: The conduct and responsibilities of belligerent nations, neutral nations , and individuals engaged in warfare, in relation to each other and to protected persons , usually meaning non-combatants . It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering. Serious violations of international humanitarian law are called war crimes . While IHL ( jus in bello ) concerns
3984-480: The conflict, as well as to military personnel hors de combat . It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC. This focus can be found in the Geneva Conventions . The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. It focused on the protection of civilians and those who can no longer fight in an armed conflict. As
4067-400: The count of enemy troops, making the odds seem much worse than they were. This may be accidental; counts of friendly troops often came from official regular army rolls that exclude unofficial forces, while enemy strength often came from visual estimates, where the distinction between regular and irregular were lost. If irregular forces overwhelm regulars, records of the defeat are often lost in
4150-470: The execution of POWs . At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant , a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino , led to more systematic efforts to prevent the suffering of war victims. Dunant wrote a book, which he titled A Memory of Solferino , in which he described
4233-685: The first of its kind in the West. It was not until the second half of the 19th century, however, that a more systematic approach was initiated. In the United States, a German immigrant, Francis Lieber , drew up a code of conduct in 1863, which came to be known as the Lieber Code , for the Union Army during the American Civil War . The Lieber Code included the humane treatment of civilian populations in areas of conflict, and also forbade
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#17327811022884316-628: The following criteria: By extension, combat forces that do not satisfy these criteria are termed "irregular forces". The term "irregular military" describes the "how" and "what", but it is more common to focus on the "why" as just about all irregular units were created to provide a tactical advantage to an existing military, whether it was privateer forces harassing shipping lanes against assorted New World colonies on behalf of their European contractors, or Auxiliaries, levies, civilian and other standing irregular troops that are used as more expendable supplements to assist costly trained soldiers. Bypassing
4399-496: The gender limitations of IHL. Feminist critics have challenged IHL's focus on male combatants and its relegation of women to the status of victims, and its granting them legitimacy almost exclusively as child-rearers. A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers. Others have argued that
4482-839: The global level as early as the 1907 Second Hague Conference, and have continued to do so since. ICRC studies on the Middle East, Somalia, Latin America, and the Pacific, for example have found that there are traditional and long-standing practices in various cultures that preceded, but are generally consistent with, modern IHL. It is important to respect local and cultural practices that are in line with IHL. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities. Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it
4565-586: The higher-level organizational training and equipment that is part of regular army. This usually makes irregulars ineffective in direct, main-line combat, the typical focus of more standard armed forces. Other things being equal, major battles between regulars and irregulars heavily favor the regulars. However, irregulars can excel at many other combat duties besides main-line combat, such as scouting , skirmishing , harassing , pursuing, rear-guard actions, cutting supply, sabotage , raids , ambushes and underground resistance . Experienced irregulars often surpass
4648-919: The horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field . The Law of Geneva is directly inspired by the principle of humanity . It relates to those who are not participating in
4731-468: The international criminal court, wrote in 2006: "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) ... or an attack is launched on a military objective in
4814-591: The issue of sexual violence against men in conflict has not yet received the attention it deserves. Soft-law instruments have been relied on to supplement the protection of women in armed conflict: Read together with other legal mechanisms, in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), these can enhance interpretation and implementation of IHL. In addition, international criminal tribunals (like
4897-508: The knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)." The provisions and principles of IHL which seek to protect civilians are: The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on
4980-429: The laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal . Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war , but only after facing a "competent tribunal". At that point, they become unlawful combatants , but must still be "treated with humanity and, in case of trial, shall not be deprived of
5063-438: The legitimacy of the army or its opponents is questioned, some legal definitions have been created. In international humanitarian law , the term "irregular forces" refers to a category of combatants that consists of individuals forming part of the armed forces of a party to an armed conflict, international or domestic, but not belonging to that party's regular forces and operating inside or outside of their own territory, even if
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#17327811022885146-409: The legitimate military and taking up arms is an extreme measure. The motivation for doing so is often used as the basis of the primary label for any irregular military. Different terms come into and out of fashion, based on political and emotional associations that develop. Here is a list of such terms, which is organized more or less from oldest to latest: Intense debates can build up over which term
5229-536: The mechanisms of international courts like the ICC, has reinforced the notion that victims of war crimes and other serious breaches of International Humanitarian Law have a recognized right to seek reparations. These reparations can take various forms, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition, aimed at addressing the physical, psychological, and material damage suffered by victims. The Fourth Geneva Convention focuses on
5312-598: The new Indian Army that was organized following the great Indian Rebellion of 1857. Before 1867, military units in Canada consisted of British units of volunteers. During French rule, small local volunteer militia units or colonial militias were used to provide defence needs. During British control of various local militias, the Provincial Marine were used to support British regular forces in Canada. Use of large irregular forces featured heavily in wars such as
5395-512: The one hand, and civilians and civilian objects on the other; and only to target the former. It also provides that civilians lose such protection should they take a direct part in hostilities. The principle of distinction has also been found by the ICRC to be reflected in state practice; it is therefore an established norm of customary international law in both international and non-international armed conflicts. Necessity and proportionality are established principles in humanitarian law. Under IHL,
5478-411: The persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war activities under a white flag or a red cross is itself a violation of the laws of war. These examples of the laws of war address: It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of
5561-463: The point of becoming the new regular army if it wins. Most conventional military officers and militaries are wary of using irregular military forces and see them as unreliable, of doubtful military usefulness, and prone to committing atrocities leading to retaliation in kind. Usually, such forces are raised outside the regular military like the British SOE during World War II and, more recently,
5644-773: The protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times. In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners. In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master." In ancient India there are records (the Laws of Manu , for example) describing
5727-455: The regular army in these functions. By avoiding formal battles, irregulars have sometimes harassed high quality armies to destruction. The total effect of irregulars is often underestimated. Since the military actions of irregulars are often small and unofficial, they are underreported or even overlooked. Even when engaged by regular armies, some military histories exclude all irregulars when counting friendly troops, but include irregulars in
5810-535: The resulting chaos. By definition, "irregular" is understood in contrast to "regular armies", which grew slowly from personal bodyguards or elite militia. In Ancient warfare , most civilized nations relied heavily on irregulars to augment their small regular army. Even in advanced civilizations, the irregulars commonly outnumbered the regular army. Sometimes entire tribal armies of irregulars were brought in from internal native or neighboring cultures, especially ones that still had an active hunting tradition to provide
5893-501: The rules and principles governing the conduct of warfare once armed conflict has begun, jus ad bellum pertains to the justification for resorting to war and includes the crime of aggression . Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at
5976-538: The same consideration by parties to the conflict, without distinction based on race, religion, sex or political opinion. Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination. The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non-international armed conflict. Women must be protected from rape, forced prostitution and from any form of indecent assault. Children under
6059-420: The same debates and criticisms of " cultural relativism " as have international human rights . Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new, and European in name, the core concepts are not new, and laws relating to warfare can be found in all cultures. Indeed, non-Western participants played important roles in the development of this area of law at
6142-399: The signing of the Geneva Convention . Freischärler were given combatant status if they had an organisational structure, a fixed distinctive emblem recognizable at a distance, carried arms openly and conducted their operations in accordance with the laws and customs of war . They also had a right to humane treatment and a fair trial. Freischaren were deployed: In conservative circles
6225-499: The term was often used in a hostile and derogatory fashion, but it achieved great popularity in 1848. There was even a cultural magazine, Der Freischärler . Units and formations of republican Freischars in the Baden Revolution of April 1848: Irregular military Irregular military is any non-standard military component that is distinct from a country's national armed forces. Being defined by exclusion, there
6308-733: The territory is under occupation. The Third Geneva Convention of 1949 uses "regular armed forces " as a critical distinction. The International Committee of the Red Cross (ICRC) is a non-governmental organization primarily responsible for and most closely associated with the drafting and successful completion of the Third Geneva Convention Relative to the Treatment of Prisoners of War ("GPW"). The ICRC provided commentary saying that "regular armed forces" satisfy four Hague Conventions (1899 and 1907) (Hague IV) conditions. In other words, "regular forces" must satisfy
6391-588: The traditions of Mughal cavalry, which had a political purpose because it absorbed pockets of cavalrymen who might otherwise become disaffected plunderers. These were less formally drilled and had fewer British officers (sometimes only three or four per regiment) than the "regular" sepoys in British service. This system enabled the Indian officers to achieve greater responsibility than their counterparts in regular regiments. Promotion for both Indian and British officers
6474-408: The types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blazing with fire." There is also the command not to strike a eunuch nor the enemy "who folds his hands in supplication ... Nor one who sleeps, nor one who has lost his coat of mail, nor one who
6557-649: The use of fire in such cases. The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of Santa Ana de Trujillo. This treaty was signed under the conflict of Independence, being
6640-404: The use of irregular military tactics by regular military units. In his book On Guerrilla Warfare , Mao described seven types of Guerilla units, and argues that "regular army units temporarily detailed for the purpose (of guerilla warfare)," "regular army units permanently detailed (for the purpose of guerilla warfare)," and bands of guerillas created "through a combination of a regular army unit and
6723-473: Was destroyed or looted." In the 17th century, the Dutch jurist Hugo Grotius , widely regarded as the founder or father of public international law, wrote that "wars, for the attainment of their objects, it cannot be denied, must employ force and terror as their most proper agents". Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for
6806-460: Was for efficiency and energy, rather than by seniority as elsewhere in the EIC's armies. In irregular cavalry the Indian troopers provided their horses under the silladar system. The result was a loose collection of regiments which in general were more effective in the field than their regular counterparts. These irregular units were also cheaper to raise and maintain and as a result many survived into
6889-541: Was to overcome the enemy state, which could be done by disabling the enemy combatants. Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle". Fritz Munch sums up historical military practice before 1800: "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property
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