Law of war

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The First Geneva Convention governing the sick and wounded members of armed forces was signed in 1864. Original Geneva Conventions.jpg
The First Geneva Convention governing the sick and wounded members of armed forces was signed in 1864.

The law of war is the component of international law that regulates the conditions for initiating war ( jus ad bellum ) and the conduct of hostilities (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.

Contents

Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity, along with distinction and proportionality; and the prohibition of certain weapons that may cause unnecessary suffering. [1] [2]

The law of war is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war.

Early sources and history

The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, [3] king of Babylon, which in 1750 B.C., explains its laws imposing a code of conduct in the event of war:

I prescribe these laws so that the strong do not oppress the weak.

In ancient India, the Mahabharata and the texts of Manou's law urged mercy on unarmed or wounded enemies. The Bible and the Qur'an also contain rules of respect for the adversary. It is always a matter of establishing rules that protect civilians and the defeated.

Attempts to define and regulate the conduct of individuals, nations, and other agents in war and to mitigate the worst effects of war have a long history. The earliest known instances are found in the Mahabharata and the Old Testament (Torah). In the Indian subcontinent, the Mahabharata describes a discussion between ruling brothers concerning what constitutes acceptable behavior on a battlefield, an early example of the rule of proportionality:[ citation needed ]

One should not attack chariots with cavalry; chariot warriors should attack chariots. One should not assail someone in distress, neither to scare him nor to defeat him ... War should be waged for the sake of conquest; one should not be enraged toward an enemy who is not trying to kill him.

An example from the Book of Deuteronomy 20:19–20 limits the amount of environmental damage, allowing only the cutting down of non-fruitful trees for use in the siege operation, while fruitful trees should be preserved for use as a food source.[ citation needed ] Similarly, Deuteronomy 21:10–14 requires that female captives who were forced to marry the victors of a war, then not desired anymore, be let go wherever they want, and requires them not to be treated as slaves nor be sold for money.[ citation needed ]

In the early 7th century, the first Sunni Muslim caliph, Abu Bakr, whilst instructing his Muslim army, laid down rules against the mutilation of corpses, killing children, females and the elderly. He also laid down rules against environmental harm to trees and slaying of the enemy's animals:

Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone. [4] [5]

In the history of the early Christian church, many Christian writers considered that Christians could not be soldiers or fight wars. Augustine of Hippo contradicted this and wrote about 'just war' doctrine, in which he explained the circumstances when war could or could not be morally justified.

In 697, Adomnan of Iona gathered Kings and church leaders from around Ireland and Scotland to Birr, where he gave them the 'Law of the Innocents', which banned killing women and children in war, and the destruction of churches. [6]

Apart from chivalry in medieval Europe, the Roman Catholic Church also began promulgating teachings on just war, reflected to some extent in movements such as the Peace and Truce of God. The impulse to restrict the extent of warfare, and especially protect the lives and property of non-combatants continued with Hugo Grotius and his attempts to write laws of war.

Modern sources

The signing of the First Geneva Convention by some of the major European powers in 1864. Signing of the first geneva convention.jpg
The signing of the First Geneva Convention by some of the major European powers in 1864.

The modern law of war is made up from three principal sources: [1]

Positive international humanitarian law consists of treaties (international agreements) that directly affect the laws of war by binding consenting nations and achieving widespread consent.

The opposite of positive laws of war is customary laws of war, [1] many of which were explored at the Nuremberg War Trials. These laws define both the permissive rights of states as well as prohibitions on their conduct when dealing with irregular forces and non-signatories.

The Treaty of Armistice and Regularization of War signed on November 25 and 26, 1820 between the president of the Republic of Colombia, Simón Bolívar and the Chief of the Military Forces of the Spanish Kingdom, Pablo Morillo, is the precursor of the International Humanitarian Law. [7] The Treaty of Guadalupe Hidalgo, signed and ratified by the United States and Mexico in 1848, articulates rules for any future wars, including protection of civilians and treatment of prisoners of war. [8] The Lieber Code, promulgated by the Union during the American Civil War, was critical in the development of the laws of land warfare. [9]

Historian Geoffrey Best called the period from 1856 to 1909 the law of war's "epoch of highest repute." [10] The defining aspect of this period was the establishment, by states, of a positive legal or legislative foundation (i.e., written) superseding a regime based primarily on religion, chivalry, and customs. [11] It is during this "modern" era that the international conference became the forum for debate and agreement between states and the "multilateral treaty" served as the positive mechanism for codification.

The Nuremberg War Trial judgment on "The Law Relating to War Crimes and Crimes Against Humanity" [12] held, under the guidelines Nuremberg Principles, that treaties like the Hague Convention of 1907, having been widely accepted by "all civilised nations" for about half a century, were by then part of the customary laws of war and binding on all parties whether the party was a signatory to the specific treaty or not.

Interpretations of international humanitarian law change over time and this also affects the laws of war. For example, Carla Del Ponte, the chief prosecutor for the International Criminal Tribunal for the former Yugoslavia pointed out in 2001 that although there is no specific treaty ban on the use of depleted uranium projectiles, there is a developing scientific debate and concern expressed regarding the effect of the use of such projectiles and it is possible that, in future, there may be a consensus view in international legal circles that use of such projectiles violates general principles of the law applicable to use of weapons in armed conflict. [13] This is because in the future it may be the consensus view that depleted uranium projectiles breach one or more of the following treaties: The Universal Declaration of Human Rights, the Charter of the United Nations, the Genocide Convention, the United Nations Convention Against Torture, the Geneva Conventions including Protocol I, the Convention on Conventional Weapons of 1980, the Chemical Weapons Convention, and the Convention on the Physical Protection of Nuclear Material. [14]

Purposes of the laws

It has often been commented that creating laws for something as inherently lawless as war seems like a lesson in absurdity. But based on the adherence to what amounted to customary international humanitarian law by warring parties through the ages, it was believed by many, especially after the eighteenth century, that codifying laws of war would be beneficial. [15]

Some of the central principles underlying laws of war are:[ citation needed ]

To this end, laws of war are intended to mitigate the hardships of war by:

The idea that there is a right to war concerns, on the one hand, the jus ad bellum, the right to make war or to enter war, assuming a motive such as to defend oneself from a threat or danger, presupposes a declaration of war that warns the adversary: war is a loyal act, and on the other hand, jus in bello, the law of war, the way of making war, which involves behaving as soldiers invested with a mission for which all violence is not allowed. In any case, the very idea of a right to war is based on an idea of war that can be defined as an armed conflict, limited in space, limited in time, and by its objectives. War begins with a declaration (of war), ends with a treaty (of peace) or surrender agreement, an act of sharing, etc. [16]

Principles of the laws of war

An 1904 article outlining the basic principles of the law of war, as published in the Tacoma Times. A FEW POINTS OF INTERNATIONAL LAW GOVERNING MODERN WARFARE (1904).jpg
An 1904 article outlining the basic principles of the law of war, as published in the Tacoma Times .

Military necessity, along with distinction, proportionality, humanity (sometimes called unnecessary suffering), and honor (sometimes called chivalry) are the five most commonly cited principles of international humanitarian law governing the legal use of force in an armed conflict.

Military necessity is governed by several constraints: an attack or action must be intended to help in the defeat of the enemy; it must be an attack on a legitimate military objective, [17] and the harm caused to protected civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated. [18]

Distinction is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and protected civilians. [lower-alpha 1] [19]

Proportionality is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must make sure that the harm caused to protected civilians or civilian property is not excessive in relation to the concrete and direct military advantage expected by an attack on a legitimate military objective. [18] However, as Robbie Sabel, Professor of international law at the Hebrew University, who has written on this topic, notes: “Anyone with experience in armed conflict knows that you want to hit the enemy’s forces harder than they hit you… if you are attacked with a rifle, there is no rule that stipulates that you can only shoot back with a rifle, but using a machine gun would not be fair, or that if you are attacked with only one tank you cannot shoot back with two.” [20]

Humanity is a principle based on the 1907 Hague Convention IV - The Laws and Customs of War on Land restrictions against using arms, projectiles, or materials calculated to cause suffering or injury manifestly disproportionate to the military advantage realized by the use of the weapon for legitimate military purposes. In some countries, weapons are reviewed prior to their use in combat to determine if they comply with the law of war and are not designed to cause unnecessary suffering when used in their intended manner. This principle also prohibits using an otherwise lawful weapon in a manner that causes unnecessary suffering. [21]

Honour is a principle that demands a certain amount of fairness and mutual respect between adversaries. Parties to a conflict must accept that their right to adopt means of injuring each other is not unlimited, they must refrain from taking advantage of the adversary's adherence to the law by falsely claiming the law's protections, and they must recognize that they are members of a common profession that fights not out of personal hostility but on behalf of their respective States. [21]

Example substantive laws of war

To fulfill the purposes noted above, the laws of war place substantive limits on the lawful exercise of a belligerent's power. Generally speaking, the laws require that belligerents refrain from employing violence that is not reasonably necessary for military purposes and that belligerents conduct hostilities with regard for the principles of humanity and chivalry.

However, because the laws of war are based on consensus (as the nature of international law often relies on self-policing by individual states), the content and interpretation of such laws are extensive, contested, and ever-changing. [22]

The following are particular examples of some of the substance of the laws of war, as those laws are interpreted today.

Declaration of war

Section III of the Hague Convention of 1907 required hostilities to be preceded by a reasoned declaration of war or by an ultimatum with a conditional declaration of war.

Some treaties, notably the United Nations Charter (1945) Article 2, [23] and other articles in the Charter, seek to curtail the right of member states to declare war; as does the older Kellogg–Briand Pact of 1928 for those nations who ratified it.See certified true copy of the text of the treaty in League of Nations, Treaty Series, vol. 94, p. 57 (No. 2137).

Lawful conduct of belligerent actors

Modern laws of war regarding conduct during war (jus in bello), such as the 1949 Geneva Conventions, provide that it is unlawful for belligerents to engage in combat without meeting certain requirements. Article 4(a)(2) of the Geneva Convention relative to the Treatment of Prisoners of War recognizes Lawful Combatants by the following characteristics:

Impersonating enemy combatants by wearing the enemy's uniform is possibly allowed, however the issue is unsettled. Fighting in that uniform is unlawful perfidy, as is the taking of hostages. [25]

Combatants also must be commanded by a responsible officer. That is, a commander can be held liable in a court of law for the improper actions of their subordinates. There is an exception to this if the war came on so suddenly that there was no time to organize a resistance, e.g. as a result of a foreign occupation.[ citation needed ]

People parachuting from an aircraft in distress

Modern laws of war, specifically within Protocol I additional to the 1949 Geneva Conventions, prohibits attacking people parachuting from an aircraft in distress regardless of what territory they are over. Once they land in territory controlled by the enemy, they must be given an opportunity to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. This prohibition does not apply to the dropping of airborne troops, special forces, commandos, spies, saboteurs, liaison officers, and intelligence agents. Thus, such personnel descending by parachutes are legitimate targets and, therefore, may be attacked, even if their aircraft is in distress.

Red Cross, Red Crescent, Magen David Adom, and the white flag

The emblem of the International Committee of the Red Cross (French: Comite international de la croix-rouge). Emblem of the ICRC.svg
The emblem of the International Committee of the Red Cross (French: Comité international de la croix-rouge).

Modern laws of war, such as the 1949 Geneva Conventions, also include prohibitions on attacking doctors, ambulances or hospital ships displaying a Red Cross, a Red Crescent, Magen David Adom, Red Crystal, or other emblem related to the International Red Cross and Red Crescent Movement. It is also prohibited to fire at a person or vehicle bearing a white flag, since that indicates an intent to surrender or a desire to communicate. [26]

In either case, people protected by the Red Cross/Crescent/Star or white flag are expected to maintain neutrality, and may not engage in warlike acts. In fact, engaging in war activities under a protected symbol is itself a violation of the laws of war known as perfidy. Failure to follow these requirements can result in the loss of protected status and make the individual violating the requirements a lawful target. [27]

Applicability to states and individuals

The law of war is binding not only upon states as such but also upon individuals and, in particular, the members of their armed forces. Parties are bound by the laws of war to the extent that such compliance does not interfere with achieving legitimate military goals. For example, they are obliged to make every effort to avoid damaging people and property not involved in combat or the war effort, but they are not guilty of a war crime if a bomb mistakenly or incidentally hits a residential area.[ citation needed ]

By the same token, combatants that intentionally use protected people or property as human shields or camouflage are guilty of violations of the laws of war and are responsible for damage to those that should be protected. [28]

Mercenaries

The use of contracted combatants in warfare has been an especially tricky situation for the laws of war. Some scholars claim that private security contractors appear so similar to state forces that it is unclear if acts of war are taking place by private or public agents. [29] International law has yet to come to a consensus on this issue.

Remedies for violations

During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal.[ citation needed ]

After a conflict ends, persons who have committed or ordered any breach of the laws of war, especially atrocities, may be held individually accountable for war crimes through process of law. Also, nations that signed the Geneva Conventions are required to search for, then try and punish, anyone who has committed or ordered certain "grave breaches" of the laws of war. (Third Geneva Convention, Article 129 and Article 130.)

Combatants who break specific provisions of the laws of war are termed unlawful combatants. Unlawful combatants who have been captured may lose the status and protections that would otherwise be afforded to them as prisoners of war, but only after a "competent tribunal" has determined that they are not eligible for POW status (e.g., Third Geneva Convention, Article 5.) At that point, an unlawful combatant may be interrogated, tried, imprisoned, and even executed for their violation of the laws of war pursuant to the domestic law of their captor, but they are still entitled to certain additional protections, including that they be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial." (Fourth Geneva Convention Article 5.)

International treaties on the laws of war

List of declarations, conventions, treaties, and judgments on the laws of war: [30] [31] [32]

See also

Notes

  1. Protected civilian in this instance means civilians who are enemy nationals or neutral citizens whose presence is outside the territory of a belligerent nation. Article 51.3 of Protocol I to the Geneva Conventions explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".

Related Research Articles

The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the use of chemical and biological weapons in international armed conflicts. It was signed at Geneva on 17 June 1925 and entered into force on 8 February 1928. It was registered in League of Nations Treaty Series on 7 September 1929. The Geneva Protocol is a protocol to the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War signed on the same date, and followed the Hague Conventions of 1899 and 1907.

<span class="mw-page-title-main">Fourth Geneva Convention</span> One of the treaties of the Geneva Convention

The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.

<span class="mw-page-title-main">Civilian casualty</span> Civilians killed, injured, or imprisoned by non-civilians

A civilian casualty occurs when a civilian is killed or injured by non-civilians, mostly law enforcement officers, military personnel, rebel group forces, or terrorists. Under the law of war, it refers to civilians who perish or suffer wounds as a result of wartime acts. The term is generally applied to situations in which violence is committed in pursuit of political goals. During periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians.

A civilian is a person not a member of an armed force nor a person engaged in hostilities.

<span class="mw-page-title-main">Unlawful combatant</span> Person who engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.

<span class="mw-page-title-main">Combatant</span> Person who takes a direct part in the hostilities of an armed conflict

Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded immunity from being directly targeted in situations of armed conflict and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.

<span class="mw-page-title-main">Non-combatant</span> Person who does not take a direct part in hostilities during war

Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

<span class="mw-page-title-main">Hague Conventions of 1899 and 1907</span> Treaties on the laws of war

The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.

International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. 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.

<span class="mw-page-title-main">Protocol I</span> 1977 amendment protocol to the Geneva Convention

Protocol I is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, such as "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". In practice, Additional Protocol I updated and reaffirmed the international laws of war stipulated in the Geneva Conventions of 1949 to accommodate developments of warfare since the Second World War (1937–1945).

<span class="mw-page-title-main">War and environmental law</span>

War can heavily damage the environment, and warring countries often place operational requirements ahead of environmental concerns for the duration of the war. Some international law is designed to limit this environmental harm.

Military necessity, along with distinction, and proportionality, are three important principles of international humanitarian law governing the legal use of force in an armed conflict.

Distinction is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and protected civilians. Combatant in this instance means persons entitled to directly participate in hostilities and thus are not afforded immunity from being directly targeted in situations of armed conflict. Protected civilian in this instance means civilians who are enemy nationals or neutral citizens outside of the territory of a belligerent power.

<span class="mw-page-title-main">Martens Clause</span> International law human rights statement

The Martens Clause is an early international law concept first introduced into the preamble of the 1899 Hague Convention II – Laws and Customs of War on Land. There are differing interpretations of its significance on modern international law, with some scholars simply treating the clause as a reminder international customary law still applies after a treaty is ratified while others take a more expansive approach where the clause provides that because international treaties cannot be all encompassing, states cannot use that as a justification for an action.

Air warfare must comply with laws and customs of war, including international humanitarian law by protecting the victims of the conflict and refraining from attacks on protected persons.

<span class="mw-page-title-main">Explosive weapon</span> Explosive used as a weapon

An explosive weapon is a weapon that uses an explosive to project blast and/or fragmentation from a point of detonation.

<span class="mw-page-title-main">Geneva Conventions</span> International treaties of war

The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone.

The Protocol on Prohibitions or Restrictions on the use of Incendiary Weapons is a United Nations treaty that restricts the use of incendiary weapons. It is Protocol III to the 1980 Convention on Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious Or To Have Indiscriminate Effects. Concluded in 1981, it entered into force on 2 December 1983. As of January 2023, it had been ratified by 126 state parties.

The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances—as well as being forbidden by international treaties such as the United Nations Convention Against Torture.

In international humanitarian law and international criminal law, an indiscriminate attack is a military attack that fails to distinguish between legitimate military targets and protected persons. Indiscriminate attacks strike both legitimate military and protected objects alike, thus violating the principle of distinction between combatants and protected civilians. They differ from direct attacks against protected civilians and encompass cases in which the perpetrators are indifferent as to the nature of the target, cases in which the perpetrators use tactics or weapons that are inherently indiscriminate, and cases in which the attack is disproportionate, because it is likely to cause excessive protected civilian casualties and damages to protected objects.

References

Citations

  1. 1 2 3 4 "What is IHL?" (PDF). 2013-12-30. Archived (PDF) from the original on 2013-12-30. Retrieved 2019-11-11.
  2. United States; Department of Defense; Office of General Counsel (2016). Department of Defense law of war manual. OCLC   1045636386.
  3. "1999-01". cref.u-bordeaux4.fr. Archived from the original on 2006-03-09. Retrieved 2023-10-22.
  4. Al-Muwatta; Book 21, Number 21.3.10.
  5. Aboul-Enein, H. Yousuf and Zuhur, Sherifa, Islamic Rulings on Warfare, p. 22, Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN   1-4289-1039-5
  6. Adomnan of Iona. Life of St. Columba, Penguin Books, 1995.
  7. "Publicaciones Defensa". Publicaciones Defensa. Retrieved 2019-03-07.
  8. "Avalon Project - Treaty of Guadalupe Hidalgo; February 2, 1848". Avalon.law.yale.edu. Retrieved 2019-03-07.
  9. See, e.g., Doty, Grant R. (1998). "THE UNITED STATES AND THE DEVELOPMENT OF THE LAWS OF LAND WARFARE" (PDF). Military Law Review. 156: 224.
  10. GEOFFREY BEST, HUMANITY IN WARFARE 129 (1980).
  11. 2 L. OPPENHEIM, INTERNATIONAL LAW §§ 67–69 (H. Lauterpacht ed., 7th ed. 1952).
  12. Judgement : The Law Relating to War Crimes and Crimes Against Humanity Archived 2016-09-08 at the Wayback Machine contained in the Avalon Project archive at Yale Law School.
  13. "The Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia: Use of Depleted Uranium Projectiles". Un.org. 2007-03-05. Retrieved 2013-07-06.
  14. E/CN.4/Sub.2/2002/38 Human rights and weapons of mass destruction, or with indiscriminate effect, or of a nature to cause superfluous injury or unnecessary suffering (backup).
  15. Dunant, Henry; Dunant, Henry; Dunant, Henry (1986). A Memory of Solferino (Repr ed.). Geneva: International Committee of the Red Cross. ISBN   978-2-88145-006-8.
  16. Stahn, C. (2006-11-01). "'Jus ad bellum', 'jus in bello' . . . 'jus post bellum'? -Rethinking the Conception of the Law of Armed Force". European Journal of International Law. 17 (5): 921–943. doi:10.1093/ejil/chl037. ISSN   0938-5428.
  17. Article 52 of Additional Protocol I to the Geneva Conventions provides a widely accepted definition of military objective: "In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage." (Source: Moreno-Ocampo 2006 , page 5, footnote 11).
  18. 1 2 Moreno-Ocampo 2006, See section "Allegations concerning War Crimes" Pages 4,5.
  19. Greenberg 2011, Illegal Targeting of Civilians.
  20. Sabel, Robbie (December 18, 2023). "International Law and the Conflict in Gaza". Israel Journal of Foreign Affairs. 17 (3): 4.
  21. 1 2 "Basic Principles of the Law Of War and Their Targeting Implications" (PDF). Curtis E. LeMay Center. US Air Force.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  22. Jefferson D. Reynolds. "Collateral Damage on the 21st century battlefield: Enemy exploitation of the law of armed conflict, and the struggle for a moral high ground". Air Force Law Review Volume 56, 2005 (PDF) Page 57/58 "if international law is not enforced, persistent violations can conceivably be adopted as customary practice, permitting conduct that was once prohibited"
  23. "Charter of the United Nations, Chapter 1". United Nations. Retrieved 13 February 2020.
  24. "Geneva Convention relative to the Treatment of Prisoners of War, 75 U.N.T.S. 135". University of Minnesota Human Rights Library. United Nations. 1950-09-21. Retrieved 2021-09-12.
  25. "Rule 62. Improper Use of the Flags or Military Emblems, Insignia or Uniforms of the Adversary". ihl-databases.icrc.org. Retrieved 2023-08-30. However, their employment is forbidden during a combat, that is, the opening of fire whilst in the guise of the enemy. But there is no unanimity as to whether the uniform of the enemy may be worn and his flag displayed for the purpose of approach or withdrawal.
  26. Forsythe, David (2019-06-26), "International Committee of the Red Cross", International Law, Oxford University Press, doi:10.1093/obo/9780199796953-0183, ISBN   978-0-19-979695-3 , retrieved 2023-06-09.
  27. Forsythe, David (2019-06-26), "International Committee of the Red Cross", International Law, Oxford University Press, doi:10.1093/obo/9780199796953-0183, ISBN   978-0-19-979695-3 , retrieved 2023-06-09.
  28. Forsythe, David (2019-06-26), "International Committee of the Red Cross", International Law, Oxford University Press, doi:10.1093/obo/9780199796953-0183, ISBN   978-0-19-979695-3 , retrieved 2023-06-09.
  29. Phelps, Martha Lizabeth (December 2014). "Doppelgangers of the State: Private Security and Transferable Legitimacy". Politics & Policy. 42 (6): 824–849. doi:10.1111/polp.12100.
  30. Roberts & Guelff 2000.
  31. ICRC Treaties & Documents by date.
  32. Phillips, Joan T. (May 2006). "List of documents and web links relating to the law of armed conflict in air and space operations". au.af.mil. Alabama: Bibliographer, Muir S. Fairchild Research Information Center Maxwell (United States) Air Force Base.
  33. "Treaties, States parties, and Commentaries - Geneva Convention, 1864". ihl-databases.icrc.org.
  34. "The project of an International Declaration concerning the Laws and Customs of War". Brussels. 27 August 1874 via ICRC.org.
  35. "Brussels Conference of 1874 – International Declaration Concerning Laws and Customs of War". sipri.org. Stockholm International Peace Research Institute Project on Chemical and Biological Warfare. Archived from the original on 2007-07-11.
  36. 1 2 Brussels Conference of 1874 ICRC cites D. Schindler and J. Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp. 22–34.
  37. The Hague Rules of Air Warfare, 1922–12 to 1923–02, this convention was never adopted (backup site).
  38. Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925.
  39. "Draft Convention for the Protection of Civilian Populations Against New Engines of War". Amsterdam via ICRC.org. The meetings of forum were from 29.08.1938 until 02.09.1938 in Amsterdam.
  40. "Protection of Civilian Populations Against Bombing From the Air in Case of War". Unanimous resolution of the League of Nations Assembly. 30 September 1938.
  41. "International Committee of the Red Cross". ICRC.org. International Committee of the Red Cross. 3 October 2013.
  42. Doswald-Beck, Louise (31 December 1995). "San Remo Manual on International Law Applicable to Armed Conflict at Sea". International Review of the Red Cross . pp. 583–594 via ICRC.org.
  43. "Guidelines for Military Manuals and Instructions on the Protection of the Environment in Times of Armed Conflict". International Review of the Red Cross. 30 April 1996. pp. 230–237 via ICRC.org.
  44. "Convention on the Safety of United Nations and Associated Personnel". UN.org. 1995-12-31. Retrieved 2013-07-06.

General sources

Further reading