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Law of war

“Jus in Bello” redirects here. For the Supernatural One should not assail someone in distress, nei-
episode, see Jus in Bello (Supernatural). ther to scare him nor to defeat him ... War
The law of war is a legal term of art that refers to 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 Deuteronomy 20:19–20 limits the


amount of acceptable collateral and environmental dam-
age:

When thou shalt besiege a city a long time,


in making war against it to take it, thou shalt
not destroy the trees thereof by forcing an axe
against them: for thou mayest eat of them, and
thou shalt not cut them down (for the tree of the
field is man’s life) to employ them in the siege:
Only the trees which thou knowest that they
be not trees for meat, thou shalt destroy and
The First Geneva Convention governing the sick and wounded
cut them down; and thou shalt build bulwarks
members of armed forces was signed in 1864.
against the city that maketh war with thee, until
it be subdued.[2]
the aspect of public international law concerning accept-
able justifications to engage in war (jus ad bellum) and
the limits to acceptable wartime conduct (jus in bello or Also, Deuteronomy 20:10–12, requires the Israelites to
International humanitarian law). make an offer of peace to the opposing party before laying
siege to their city.
Among other issues, modern laws of war address
declarations of war, acceptance of surrender and the
When you march up to attack a city, make
treatment of prisoners of war; military necessity, along
its people an offer of peace. If they accept and
with distinction and proportionality; and the prohibition of
open their gates, all the people in it shall be sub-
certain weapons that may cause unnecessary suffering.[1]
ject to forced labor and shall work for you. If
The law of war is considered distinct from other bodies of they refuse to make peace and they engage you
law—such as the domestic law of a particular belligerent in battle, lay siege to that city.[3]
to a conflict—that may provide additional legal limits to
the conduct or justification of war. Similarly, Deuteronomy 21:10–14 requires that female
captives who were forced to marry the victors of a war
could not be sold as slaves.[4]
1 Early sources and history In the early 7th century, the first Caliph, Abu Bakr, whilst
instructing his Muslim army, laid down the following
Attempts to define and regulate the conduct of individu- rules concerning warfare:
als, nations, and other agents in war and to mitigate the
worst effects of war have a long history. The earliest
Stop, O people, that I may give you ten
known instances are found in the Mahabharata and the
rules for your guidance in the battlefield. Do
torah (Old Testament).
not commit treachery or deviate from the right
In the Indian subcontinent, the Mahabharata describes a path. You must not mutilate dead bodies. Nei-
discussion between ruling brothers concerning what con- ther kill a child, nor a woman, nor an aged
stitutes acceptable behavior on a battlefield: man. Bring no harm to the trees, nor burn them
with fire, especially those which are fruitful.
One should not attack chariots with cav- Slay not any of the enemy’s flock, save for your
alry; chariot warriors should attack chariots. food. You are likely to pass by people who have

1
2 2 MODERN SOURCES

devoted their lives to monastic services; leave of distinction, proportionality, and necessity, all of
them alone.[5][6] which are part of customary international law, al-
ways apply to the use of armed force”.[1]
Furthermore, Sura Al-Baqara 2:190-193 of the Koran re-
quires that in combat Muslims are only allowed to strike
back in self-defence against those who strike against
them, but, on the other hand, once the enemies cease to Positive international humanitarian law consists of
attack, Muslims are then commanded to stop attacking. treaties (international agreements) which directly affect
the laws of war by binding consenting nations and achiev-
In medieval Europe, the Roman Catholic Church also be- ing widespread consent.
gan promulgating teachings on just war, reflected to some
extent in movements such as the Peace and Truce of God. The [1] opposite of positive laws of war is customary laws of
The impulse to restrict the extent of warfare, and espe- war, many of which were explored at the Nuremberg
cially protect the lives and property of non-combatants War Trials. These laws define both the permissive rights
continued with Hugo Grotius and his attempts to write of states as well as prohibitions on their conduct when
laws of war. dealing with irregular forces and non-signatories.

One of the grievances enumerated in the American Dec- The Lieber Code, promulgated by the Union during the
laration of Independence was that King George III "(...) American Civil War, was [7]
critical in the development of
has endeavoured to bring on the inhabitants of our fron- the laws of land warfare. Historian Geoffrey Best called
tiers the merciless Indian Savages whose known rule of the period from 1856 to 1909 the law of war’s “epoch of
[8]
warfare is an undistinguished destruction of all ages, sexes highest repute.” The defining aspect of this period was
and conditions.” the establishment, by states, of a positive legal or legisla-
tive foundation (i.e., written) superseding a regime based
primarily on religion, chivalry, and customs.[9] It is during
this “modern” era that the international conference be-
2 Modern sources came the forum for debate and agreement between states
and the “multilateral treaty” served as the positive mech-
See also: Sources of international law anism for codification.
The modern law of war is made up from three principal
In addition, the Nuremberg War Trial judgment on
“The Law Relating to War Crimes and Crimes Against
Humanity”[10] held, under the guidelines Nuremberg
Principles, that treaties like the Hague Convention of
1907, having been widely accepted by “all civilised na-
tions” 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 Yu-
The signing of the First Geneva Convention by some of the major
European powers in 1864.
goslavia pointed out in 2001 that although there is no
specific treaty ban on the use of depleted uranium pro-
sources, :[1] jectiles, there is a developing scientific debate and con-
cern expressed regarding the effect of the use of such
projectiles and it is possible that, in future, there may
• Lawmaking treaties (or conventions) — see the sec- be a consensus view in international legal circles that
tion below called "International treaties on the laws use of such projectiles violate general principles of the
of war". law applicable to use of weapons in armed conflict.[11]
• Custom. Not all the law of war derives from or has This is because in the future it may be the consensus
been incorporated in such treaties, which can refer view that depleted uranium projectiles breaches one or
to the continuing importance of customary law as more of the following treaties: The Universal Declara-
articulated by the Martens Clause. Such customary tion of Human Rights; the Charter of the United Na-
international law is established by the general prac- tions; the Genocide Convention; the United Nations Con-
tice of nations together with their acceptance that vention Against Torture; the Geneva Conventions includ-
such practice is required by law. ing Protocol I; the Convention on Conventional Weapons
of 1980; the Chemical Weapons Convention; and the
• General Principles. “Certain fundamental principles Convention on the Physical Protection of Nuclear Ma-
provide basic guidance. For instance, the principles terial.[12]
3

3 Purposes of the laws harm caused to civilians or civilian property is not ex-
cessive in relation to the concrete and direct military ad-
It has often been commented that creating laws for some- vantage anticipated
[14]
by an attack on a legitimate military
thing as inherently lawless as war seems like a lesson in objective.
absurdity. But based on the adherence to what amounted
to customary international law by warring parties through
the ages, it was felt that codifying laws of war would be
beneficial 5 Example substantive laws of war
Some of the central principles underlying laws of war are:
To fulfill the purposes noted above, the laws of war place
substantive limits on the lawful exercise of a belliger-
• Wars should be limited to achieving the political ent’s power. Generally speaking, the laws require that
goals that started the war (e.g., territorial control) belligerents refrain from employing violence that is not
and should not include unnecessary destruction. reasonably necessary for military purposes and that bel-
ligerents conduct hostilities with regard for the principles
• Wars should be brought to an end as quickly as pos- of humanity and chivalry.
sible.
However, because the laws of war are based on consensus,
• People and property that do not contribute to the war the content and interpretation of such laws are extensive,
effort should be protected against unnecessary de- contested, and ever-changing.[16] The following are par-
struction and hardship. ticular examples of some of the substance of the laws of
war, as those laws are interpreted today.
To this end, laws of war are intended to mitigate the hard-
ships of war by:
5.1 Declaration of war
• Protecting both combatants and non-combatants
from unnecessary suffering. Main article: Declaration of war

• Safeguarding certain fundamental human rights of Section III of the Hague Convention of 1907 required
persons who fall into the hands of the enemy, par- hostilities to be preceded by a reasoned declaration of war
ticularly prisoners of war, the wounded and sick, and or by an ultimatum with a conditional declaration of war.
civilians.
Some treaties, notably the United Nations Charter (1945)
• Facilitating the restoration of peace. Article 2, 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.
4 Principles of the laws of war
Military necessity, along with distinction, and
proportionality, are three important principles of 5.2 Lawful conduct of belligerent actors
international humanitarian law governing the legal use of
force in an armed conflict. Modern laws of war regarding conduct during war (jus
in bello), such as the 1949 Geneva Conventions, provide
Military necessity is governed by several constraints: an that it is unlawful for belligerents to engage in combat
attack or action must be intended to help in the defeat without meeting certain requirements, such as wearing
of the enemy; it must be an attack on a legitimate mil- distinctive uniform or other distinctive signs visible at a
itary objective,[13] and the harm caused to civilians or distance, carrying weapons openly, and conducting op-
civilian property must be proportional and not excessive erations in accordance with the laws and customs of war.
in relation to the concrete and direct military advantage Impersonating enemy combatants by wearing the enemy’s
anticipated.[14] uniform is allowed, though fighting in that uniform is un-
Distinction is a principle under international humanitar- lawful perfidy, as is the taking of hostages.
ian law governing the legal use of force in an armed Combatants also must be commanded by a responsible
conflict, whereby belligerents must distinguish between officer. That is, a commander can be held liable in a court
combatants and civilians.[lower-alpha 1][15] of law for the improper actions of his or her subordinates.
Proportionality is a principle under international humani- There is an exception to this if the war came on so sud-
tarian law governing the legal use of force in an armed denly that there was no time to organize a resistance, e.g.
conflict, whereby belligerents must make sure that the as a result of a foreign occupation.
4 7 REMEDIES FOR VIOLATIONS

5.3 Persons parachuting from an aircraft is itself a violation of the laws of war known as perfidy.
in distress Failure to follow these requirements can result in the loss
of protected status and make the individual violating the
Modern laws of war, specifically within Protocol I requirements a lawful target.
additional to the 1949 Geneva Conventions, prohibits
attacking persons parachuting from an aircraft in distress
regardless of what territory they are over. Once they land 6 Applicability to states and indi-
in territory controlled by the enemy, they must be given
an opportunity to surrender before being attacked unless viduals
it is apparent that they are engaging in a hostile act or at-
tempting to escape. This prohibition does not apply to the
The law of war is binding not only upon States as such
dropping of airborne troops, special forces, commandos,
but also upon individuals and, in particular, the members
spies, saboteurs, liaison officers, and intelligence agents.
of their armed forces. Parties are bound by the laws of
Thus, such personnel descending by parachutes are legiti-
war to the extent that such compliance does not interfere
mate targets and, therefore, may be attacked, even if their
with achieving legitimate military goals. For example,
aircraft is in distress. 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
5.4 Red Cross, Red Crescent, and the mistakenly or incidentally hits a residential area.
white flag
By the same token, combatants that intentionally use pro-
tected people or property as human shields or camouflage
are guilty of violations of the laws of war and are respon-
sible for damage to those that should be protected. The
use of contracted combatants in warfare has been an espe-
cially 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.[17] International law has
yet to come to a consensus on this issue.

7 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.
After a conflict has ended, persons who have committed
or ordered any breach of the laws of war, especially atroc-
ities, may be held individually accountable for war crimes
through process of law. Also, nations which signed the
Geneva Conventions are required to search for, then try
The emblem of the International Committee of the Red Cross and punish, anyone who has committed or ordered cer-
(French: Comité international de la croix-rouge). tain “grave breaches” of the laws of war. (Third Geneva
Convention, Article 129 and Article 130.)
Modern laws of war, such as the 1949 Geneva Con- Combatants who break specific provisions of the laws
ventions, also include prohibitions on attacking doctors, of war are termed unlawful combatants. Unlawful com-
ambulances or hospital ships displaying a Red Cross, a batants who have been captured may lose the status and
Red Crescent, The Red Crystal, or other emblem related protections that would otherwise be afforded to them as
to the International Red Cross and Red Crescent Move- prisoners of war, but only after a "competent tribunal"
ment. It is also prohibited to fire at a person or vehicle has determined that they are not eligible for POW sta-
bearing a white flag, since that indicates an intent to sur- tus (e.g., Third Geneva Convention, Article 5.) At that
render or a desire to communicate. point, an unlawful combatant may be interrogated, tried,
In either case, persons protected by the Red imprisoned, and even executed for their violation of the
Cross/Crescent or white flag are expected to main- laws of war pursuant to the domestic law of their captor,
tain neutrality, and may not engage in warlike acts. In but they are still entitled to certain additional protections,
fact, engaging in war activities under a protected symbol including that they be “treated with humanity and, in case
5

of trial, shall not be deprived of the rights of fair and reg- • Declaration I – On the Launching of Projec-
ular trial.” (Fourth Geneva Convention Article 5.) tiles and Explosives from Balloons
For example in 1976, foreign soldiers fighting for the • Declaration II – On the Use of Projectiles the
National Liberation Front of Angola (FNLA) were cap- Object of Which is the Diffusion of Asphyxi-
tured by the People’s Movement for the Liberation of ating or Deleterious Gases
Angola (MPLA) in the civil war that broke out when • Declaration III – On the Use of Bullets Which
Angola gained independence from Portugal in 1975. In Expand or Flatten Easily in the Human Body
the Luanda Trial, after “a regularly constituted court”
found them guilty of being unlawful mercenaries, three • 1907 Hague Conventions had thirteen sections, of
Britons and an American were shot by a firing squad on which twelve were ratified and entered into force,
July 10, 1976. Nine others were imprisoned for terms of and two declarations:
16 to 30 years.
• I – The Pacific Settlement of International Dis-
putes

8 International treaties on the laws • II – The Limitation of Employment of Force


for Recovery of Contract Debts
of war • III – The Opening of Hostilities
• IV – The Laws and Customs of War on Land
see also List of international declarations
• V – The Rights and Duties of Neutral Powers
and Persons in Case of War on Land
List of declarations, conventions, treaties and judgments,
and on the laws of war:[18][19][20] • VI – The Status of Enemy Merchant Ships at
the Outbreak of Hostilities
• 1856 Paris Declaration Respecting Maritime Law • VII – The Conversion of Merchant Ships into
abolished privateering. War – Ships

• 1864 Geneva Convention for the Amelioration of • VIII – The Laying of Automatic Submarine
the Condition of the Wounded and Sick in Armed Contact Mines
Forces in the Field.[21] • IX – Bombardment by Naval Forces in Time
of War
• 1868 St. Petersburg Declaration Renouncing the
• X – Adaptation to Maritime War of the Prin-
Use, in Time of War, of Explosive projectiles Under
ciples of the Geneva Convention
400 grams Weight.
• XI – Certain Restrictions with Regard to the
• 1874 Project of an International Declaration con- Exercise of the Right of Capture in Naval War
cerning the Laws and Customs of War (Brussels
• XII – The Creation of an International Prize
Declaration).[22] Signed in Brussels 27 August. This
Court [Not Ratified]*
agreement never entered into force, but formed part
of the basis for the codification of the laws of war at • XIII – The Rights and Duties of Neutral Pow-
the 1899 Hague Peace Conference.[23][24] ers in Naval War
• Declaration I – extending Declaration II from
• 1880 Manual of the Laws and Customs of War
the 1899 Conference to other types of aircraft
at Oxford. At its session in Geneva in 1874 the
Institute of International Law appointed a commit- • Declaration II – on the obligatory arbitration
tee to study the Brussels Declaration of the same
• 1909 London Declaration concerning the Laws of
year and to submit to the Institute its opinion and
Naval War largely reiterated existing law, although
supplementary proposals on the subject. The work
it showed greater regard to the rights of neutral en-
of the Institute led to the adoption of the Manual in
tities. Never went into effect.
1880 and it went on to form part of the basis for the
codification of the laws of war at the 1899 Hague • 1922 The Washington Naval Treaty, also known as
Peace Conference.[24] the Five-Power Treaty (6 February).
• 1899 Hague Conventions consisted of three main • 1923 Hague Draft Rules of Aerial Warfare. Never
sections and three additional declarations: adopted in a legally binding form.[25]
• I – Pacific Settlement of International Disputes • 1925 Geneva protocol for the Prohibition of the Use
• II – Laws and Customs of War on Land in War of Asphyxiating, Poisonous or Other Gases,
and of Bacteriological Methods of Warfare.[26]
• III – Adaptation to Maritime Warfare of Prin-
ciples of Geneva Convention of 1864 • 1927–1930 Greco-German arbitration tribunal.
6 8 INTERNATIONAL TREATIES ON THE LAWS OF WAR

• 1928 Kellogg-Briand Pact (also known as the Pact • 1977 Geneva Protocol I Additional to the Geneva
of Paris). Conventions of 12 August 1949, and Relating to the
Protection of Victims of International Armed Con-
• 1929 Geneva Convention, Relative to the treatment flicts.
of prisoners of war.
• 1977 Geneva Protocol II Additional to the Geneva
• 1929 Geneva Convention on the amelioration of the
Conventions of 12 August 1949, and Relating to the
condition of the wounded and sick.
Protection of Victims of Non-International Armed
• 1930 Treaty for the Limitation and Reduction of Conflicts.
Naval Armament (22 April).
• 1978 Red Cross Fundamental Rules of International
• 1935 Roerich Pact. Humanitarian Law Applicable in Armed Conflicts.
• 1936 Second London Naval Treaty (25 March). • 1980 United Nations Convention on Prohibitions
or Restrictions on the Use of Certain Conventional
• 1938 Amsterdam Draft Convention for the Protec-
Weapons Which May be Deemed to be Excessively
tion of Civilian Populations Against New Engines of
Injurious or to Have Indiscriminate Effects (CCW).
War. This convention was never ratified.[27]
• 1938 League of Nations declaration for the “Protec- • 1980 Protocol I on Non-Detectable Frag-
tion of Civilian Populations Against Bombing From ments.
the Air in Case of War.”[28] • 1980 Protocol II on Prohibitions or Restric-
tions on the Use of Mines, Booby-Traps and
• 1945 United Nations Charter (entered into force on Other Devices.
October 24, 1945).
• 1980 Protocol III on Prohibitions or Restric-
• 1946 Judgment of the International Military Tri- tions on the Use of Incendiary Weapons.
bunal at Nuremberg.
• 1995 Protocol IV on Blinding Laser Weapons.
• 1947 Nuremberg Principles formulated under UN • 1996 Amended Protocol II on Prohibitions
General Assembly Resolution 177 21 November or Restrictions on the Use of Mines, Booby-
1947. Traps and Other Devices.
• 1948 United Nations Convention on the Prevention • Protocol on Explosive Remnants of War (Pro-
and Punishment of the Crime of Genocide. tocol V to the 1980 Convention), 28 Novem-
ber 2003, entered into force on 12 November
• 1949 Geneva Convention I for the Amelioration of
2006.[29]
the Condition of the Wounded and Sick in Armed
Forces in the Field. • 1990 Ottawa Treaty banning the use of landmines.
• 1949 Geneva Convention II for the Amelioration of • 1994 San Remo Manual on International Law Ap-
the Condition of Wounded, Sick and Shipwrecked plicable to Armed Conflicts at Sea.[30]
Members of Armed Forces at Sea.
• 1994 ICRC/UNGA Guidelines for Military Manu-
• 1949 Geneva Convention III Relative to the Treat- als and Instructions on the Protection of the Envi-
ment of Prisoners of War. ronment in Time of Armed Conflict.[31]
• 1949 Geneva Convention IV Relative to the Protec-
• 1994 UN Convention on the Safety of United Na-
tion of Civilian Persons in Time of War.
tions and Associated Personnel.[32]
• 1954 Hague Convention for the Protection of Cul-
tural Property in the Event of Armed Conflict. • 1996 The International Court of Justice advisory
opinion on the Legality of the Threat or Use of Nu-
• 1971 Zagreb Resolution of the Institute of Inter- clear Weapons.
national Law on Conditions of Application of Hu-
manitarian Rules of Armed Conflict to Hostilities in • 1997 Convention on the Prohibition of the Use,
which the United Nations Forces May be Engaged. Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction.
• 1974 United Nations Declaration on the Protection
of Women and Children in Emergency and Armed • 1998 Rome Statute of the International Criminal
Conflict. Court (entered into force 1 July 2002).

• 1977 United Nations Convention on the Prohibition • 2000 Optional Protocol on the Involvement of Chil-
of Military or Any Other Hostile Use of Environ- dren in Armed Conflict (entered into force 12
mental Modification Techniques. February 2002).
7

• 2005 Geneva Protocol III Additional to the Geneva [6] Aboul-Enein, H. Yousuf and Zuhur, Sherifa, Islamic Rul-
Conventions of 12 August 1949, and Relating to the ings on Warfare, p. 22, Strategic Studies Institute, US
Adoption of an Additional Distinctive Emblem. Army War College, Diane Publishing Co., Darby PA,
ISBN 1-4289-1039-5
• 2008 Convention on Cluster Munitions (entered into
force 1 August 2010). [7] 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.
9 See also
[8] GEOFFREY BEST, HUMANITY IN WARFARE 129
(1980).
• Customary international humanitarian law
[9] 2 L. OPPENHEIM, INTERNATIONAL LAW §§ 67–69
• List of Articles of War (H. Lauterpacht ed., 7th ed. 1952).
• Rule of Law in Armed Conflicts Project (RULAC) [10] Judgement : The Law Relating to War Crimes and Crimes
Against Humanity contained in the Avalon Project archive
• Command responsibility at Yale Law School.
• Crime against humanity [11] “The Final Report to the Prosecutor by the Committee
Established to Review the NATO Bombing Campaign
• Debellatio Against the Federal Republic of Yugoslavia: Use of De-
pleted Uranium Projectiles”. Un.org. 2007-03-05. Re-
• International law
trieved 2013-07-06.
• Islamic military jurisprudence [12] E/CN.4/Sub.2/2002/38 Human rights and weapons of
mass destruction, or with indiscriminate effect, or of a na-
• Lawfare
ture to cause superfluous injury or unnecessary suffering
• Law of occupation (backup)

• Law of the Sea [13] Article 52 of Additional Protocol I to the Geneva Con-
ventions provides a widely accepted definition of military
• Right of conquest objective: “In so far as objects are concerned, military
objectives are limited to those objects which by their na-
• Total war ture, location, purpose or use make an effective contribu-
tion to military action and whose total or partial destruc-
• Journal of International Law of Peace and Armed tion, capture or neutralization, in the circumstances ruling
Conflict at the time, offers a definite military advantage” (Source:
Moreno-Ocampo 2006, page 5, footnote 11).
• Targeted killing
[14] Moreno-Ocampo 2006, See section “Allegations concern-
ing War Crimes” Pages 4,5.
10 Notes [15] Greenberg 2011, Illegal Targeting of Civilians.

[16] Jefferson D. Reynolds. “Collateral Damage on the 21st


[1] Civilian in this instance means civilians who are non-
century battlefield: Enemy exploitation of the law of armed
combatants. Article 51.3 of Protocol I to the Geneva Con-
conflict, and the struggle for a moral high ground”. Air
ventions explains that “Civilians shall enjoy the protection
Force Law Review Volume 56, 2005(PDF) Page 57/58 “if
afforded by this section, unless and for such time as they
international law is not enforced, persistent violations can
take a direct part in hostilities”.
conceivably be adopted as customary practice, permitting
conduct that was once prohibited”
[1] The Program for Humanitarian Policy and Conflict Re-
search at Harvard University, “IHL PRIMER SERIES [17] Phelps, Martha Lizabeth (December 2014).
| Issue #1” Accessed at http://www3.nd.edu/~{}cpence/ “Doppelgangers of the State: Private Security and
eewt/IHLRI2009.pdf Transferable Legitimacy”. Politics & Policy 42 (6):
824–849.
[2] “Deuteronomy, from The holy Bible, King James ver-
sion”. Etext.virginia.edu. Retrieved 2013-07-06. [18] Roberts & Guelff 2000.

[3] “Deuteronomy 20:10-12 NIV - When you march up to [19] ICRC Treaties & Documents by date
attack a city”. Bible Gateway. Retrieved 2013-07-06.
[20] Joan T. Phillips. List of documents and web links relat-
[4] “Deuteronomy, from The holy Bible, King James ver- ing to the law of armed conflict in air and space opera-
sion”. Etext.virginia.edu. Retrieved 2013-07-06. tions, May 2006. Bibliographer, Muir S. Fairchild Re-
search Information Center Maxwell (United States) Air
[5] Al-Muwatta; Book 21, Number 21.3.10. Force Base, Alabama.
8 13 EXTERNAL LINKS

[21] Convention for the Amelioration of the Condition of the • Moseley, Alex (2009), “Just War Theory"", The In-
Wounded in Armies in the Field. Geneva, 22 August 1864 ternet Encyclopedia of Philosophy
[22] Project of an International Declaration concerning the • Roberts, Adam; Guelff, Richard, eds. (2000), Doc-
Laws and Customs of War. Brussels, 27 August 1874 uments on the Laws of War (Third ed.), Oxford Uni-
[23] Brussels Conference of 1874 – International Declaration versity press, ISBN 0-19-876390-5
Concerning Laws and Customs of War Stockholm Inter-
• Texts and commentaries of 1949 Geneva Conven-
national Peace Research Institute Project on Chemical and
Biological Warfare
tions & Additional Protocols

[24] Brussels Conference of 1874 ICRC cites D.Schindler and • Walzer, Michael (1997), Just and Unjust Wars: A
J.Toman, The Laws of Armed Conflicts, Martinus Nihjoff moral Argument with Historical Illustrations (2nd
Publisher, 1988, pp. 22–34. ed.), New York: Basic Books

[25] The Hague Rules of Air Warfare, 1922-12 to 1923-02,


this convention was never adopted (backup site)
12 Further reading
[26] Protocol for the Prohibition of the Use of Asphyxiating,
Poisonous or Other Gases, and of Bacteriological Methods • Witt, John Fabian. Lincoln’s Code: The Laws of
of Warfare. Geneva, 17 June 1925
War in American History (Free Press; 2012) 498
[27] Draft Convention for the Protection of Civilian Pop- pages; on the evolution and legacy of a code com-
ulations Against New Engines of War. Amsterdam missioned by President Lincoln in the Civil War
The meetings of forum were from 29.08.1938 until
02.09.1938 in Amsterdam

[28] Protection of Civilian Populations Against Bombing From 13 External links


the Air in Case of War, Unanimous resolution of the
League of Nations Assembly, 30 September 1938 • War & law index – International Committee of the
Red Cross website
[29] Explosive remnants of war and international humanitarian
law on the website of the International Committee of the • International Law of War Association
Red Cross
• The European Institute for International Law and In-
[30] by Louise Doswald-Beck San Remo Manual on Interna-
ternational Relations
tional Law Applicable to Armed Conflict at Sea 31 Decem-
ber 1995 International Review of the Red Cross no 309, • The Rule of Law in Armed Conflicts Project
pp. 583–594
• For the Sake of Warriors: Accepting the Limits of
[31] Guidelines for Military Manuals and Instructions on the
the Law of War
Protection of the Environment in Times of Armed Con-
flict 30 April 1996 International Review of the Red Cross • The Yearbook of International Humanitarian Law
no 311, pp. 230–237
and free access to a Documentation Database of pri-
[32] “Convention on the Safety of United Nations and Associ- mary source materials.
ated Personnel”. Un.org. 1995-12-31. Retrieved 2013-
07-06. • When the Law of War Becomes Over-lawyered,
JURIST

• International Law on the Bombing of Civilians (Gene


11 References Dannen).

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14.1 Text
• Law of war Source: https://en.wikipedia.org/wiki/Law_of_war?oldid=669681983 Contributors: Eclecticology, William Avery, Roadrun-
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