A discussion of the definition of laws of war and aspects related to it

Purpose[ edit ] Many social researchers have investigated flaming, coming up with several different theories about the phenomenon. Jacob Borders, in discussing participants' internal modeling of a discussion, says: Mental models are fuzzy, incomplete, and imprecisely stated.

A discussion of the definition of laws of war and aspects related to it

See Article History Law of war, that part of international law dealing with the inception, conduct, and termination of warfare. Its aim is to limit the suffering caused to combatants and, more particularly, to those who may be described as the victims of war—that is, noncombatant civilians and those no longer able to take part in hostilities.

Thus, the wounded, the sick, the shipwrecked, and prisoners of war also require protection by law. The laws of war have found it difficult to keep up with rapid changes wrought by the development of ever-newer weapons and more technologically advanced warfare, with their attendant damage to the natural environment.

It therefore becomes important constantly to supplement but not to abolish earlier treaties. This article shows how such a process of supplementation has been carried out.

The law of war has also been taken to include limitations placed upon states on their use of armed force.

Just War Theory | Internet Encyclopedia of Philosophy

No system of law can prevent a state or, indeed, an individual from using force in self-defense, and the limitations of this concept are also discussed in this article.

Roots of the international law of war Law by treaty In ancient times war was not subject to any control other than that exercised by the combatants themselves, and any limitations that they might have placed on their own actions on the battlefield would have been due to military necessity rather than any belief that to attack civilians or to kill prisoners of war was wrong—let alone illegal.

The Viking invaders in the 11th century, for instance, knew no concept of sparing the civilian population from attack or pillage, and they did not generally protect and release captured enemy combatants. And there was no reason why they should: In order for such norms to develop, there had to come into existence a belief shared by a number of independent states that some limits should be placed on the methods and means of war among themselves—especially if wars were to be fought between Christian states.

Crusades against the infidel were not controlled by any similar concern. In the Middle Ages in Europe the precepts of Christianity began to provide vague guidelines of conduct on the battlefield. If civilians were to enjoy any protection, it would also become necessary clearly to distinguish them from the combatants.

This could come only with the development of a professional army wearing a distinctive uniform and taking upon itself a code of chivalry. Certain actions would then become unchivalrous and would lead to heavy sanction from brother soldiers.

Chivalryhowever, did not protect the common soldier or the ordinary civilian, for whom notions of chivalry were considered inappropriate. Protection by rule of law for the lower orders had to await the acceptance of principles of humanity that took a distinctive form in the 19th century.

Until the 20th century there existed no principle of international law that limited the right of states to go to war. War was seen as an integral part of state sovereignty to be entered into for political reasons.

Augustinebut it was an extremely flexible one, enabling a state to describe its war as just at its own discretion. As a corollarythe enemy state would therefore be fighting an unjust war, and its soldiers could be treated in any manner by the state claiming to be fighting a just war.

It was more than likely that all states involved in a single conflict would claim to be fighting for a just cause and would show an attendant lack of concern for the protection of those unable, through wounds or capture, to defend themselves.

A discussion of the definition of laws of war and aspects related to it

The development of modern weapons that could cause unnecessary suffering to combatants, and the great strides made in battlefield medical care, led to a growing awareness that international cooperation was required to protect the wounded and sick.

Henri Dunanta Swiss citizen and founder of the Red Crosswas preeminent in leading a number of states to conclude the first Geneva Convention in to protect the wounded and sick. But the first attempt to codify the laws of war was drafted by Francis Liebera college professor in New York City.

Promulgated to Union forces by President Abraham Lincoln during the American Civil Warthe Lieber code was to have a profound effect on subsequent codifications of the laws of war. In the Declaration of St. Petersburg prohibited the use of explosive projectiles weighing less than grams, while in two major treaties were concluded at The Hagueone concerning asphyxiating gases and another concerned with expanding bullets.

The second Hague conference, inproved to be a milestone, producing 13 separate treaties. In the Geneva Gas Protocol was signed, prohibiting the use in war of asphyxiating, poisonous, or other gases and of bacteriological methods of warfare.

This was followed in by two further Geneva Conventionsdealing with the wounded and sick and with prisoners of war.

Following World War II yet another conference produced the four Geneva Conventions dealing, respectively, with the wounded and sick on land, with the wounded, sick, and shipwrecked at sea, with prisoners of war, and with civilians. Further treaties followed, including the Hague Convention on the Protection of Cultural Property, the United Nations Convention on Military or Any Other Hostile Use of Environmental Modification Techniques, and the two Protocols to the Geneva Conventions ofextending the terms of the conventions to wars of national liberation and civil wars.

Law by custom The laws of war are to be found not only in treaties entered into by states but also in customary international law, which is found in the actual practice of states and in the belief called opinio juris: Much of this customary international law has found its way into the various conventions described above.

Therefore, it may properly be argued that, although a particular state is not a party to a certain treaty, it is nevertheless bound by the principle of customary international law codified in that treaty.The law of war is a legal term of art that refers to the aspect of public international law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct.

Rules of war (in a nutshell) director-general Yves Daccord and director of international law and policy Helen Durham call for compliance with the law of war and an end to attacks on civilians, especially health workers.

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The world is a particularly violent place right now, and breaches of these laws are all too frequent. Related sections. Just War Theory. Just war theory deals with the justification of how and why wars are fought. The justification can be either theoretical or historical.

Flaming is the online act of posting insults, often laced with profanity or other offensive language on social networking sites. These insults may turn into flame wars where two or more individuals unite to exchange or unite against a third party with verbal attacks.

Jun 15,  · The Laws of War List of Customary Rules of International Humanitarian Law This list is based on the conclusions set out in Volume I of the study on customary international humanitarian law. Both a contract drafter and a contract reviewer can save some time by first reviewing — together — the Common Draft short-form contract drafts (as well as other clause titles) and discussing just what types of provision they want in their document.

Civil rights definition, rights to personal liberty established by the 13th and 14th Amendments to the U.S. Constitution and certain Congressional acts, especially as applied to . 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. A Note To The Reader: This interactive text contains hyperlinks both to complete copies of important document found at other sites and to abridged versions of the same document on this site.
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