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The law of war is the component of
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
that regulates the conditions for initiating
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
(''
jus ad bellum
' ( or in the traditional English pronunciation of Latin; Latin for "right to war") is a set of criteria that are to be consulted ''before'' engaging in war in order to determine whether entering into war is permissible, that is, whether it wil ...
'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.
Among other issues, modern laws of war address the
declarations of war
A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the signing of a document) by an authorized party of a national government, in ...
, acceptance of
surrender
Surrender may refer to:
* Surrender (law), the early relinquishment of a tenancy
* Surrender (military), the relinquishment of territory, combatants, facilities, or armaments to another power
Film and television
* ''Surrender'' (1927 film), an ...
and the treatment of
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
;
military necessity
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.
Attacks
Military necessity is governed by several constra ...
, along with
''distinction'' and
''proportionality''; and the prohibition of certain
weapons
A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, s ...
that may cause unnecessary suffering.
The ''law of war'' is considered distinct from other bodies of law—such as the
domestic law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, ...
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
The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hamm ...
, king of Babylon, which, 2000 B.C., explains its laws imposing a code of conduct in the event of war: In ancient India, the
Mahabharata
The ''Mahābhārata'' ( ; sa, महाभारतम्, ', ) is one of the two major Sanskrit epics of ancient India in Hinduism, the other being the ''Rāmāyaṇa''. It narrates the struggle between two groups of cousins in the Kuruk ...
and the texts of Manou's law urged mercy on unarmed or wounded enemies. The
Bible
The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
and the
Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
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
The ''Mahābhārata'' ( ; sa, महाभारतम्, ', ) is one of the two major Sanskrit epics of ancient India in Hinduism, the other being the ''Rāmāyaṇa''. It narrates the struggle between two groups of cousins in the Kuruk ...
and the
Old Testament
The Old Testament (often abbreviated OT) is the first division of the Christian biblical canon, which is based primarily upon the 24 books of the Hebrew Bible or Tanakh, a collection of ancient religious Hebrew writings by the Israelites. The ...
(
Torah
The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the s ...
).
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:
An example from the
Book of Deuteronomy
Deuteronomy ( grc, Δευτερονόμιον, Deuteronómion, second law) is the fifth and last book of the Torah (in Judaism), where it is called (Hebrew: hbo, , Dəḇārīm, hewords Moses.html"_;"title="f_Moses">f_Moseslabel=none)_and_th ...
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:
Also, Deuteronomy 20:10–12 requires the Israelites to make an offer of conditioned peace to the opposing party before laying siege to their city, taking the population as servants and forced-laborers instead, shall they accept the offer.
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:
In the early 7th century, the first
Sunni Muslim
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word ''Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagree ...
caliph
A caliphate or khilāfah ( ar, خِلَافَة, ) is an institution or public office under the leadership of an Islamic steward with the title of caliph (; ar, خَلِيفَة , ), a person considered a political-religious successor to th ...
,
Abu Bakr
Abu Bakr Abdallah ibn Uthman Abi Quhafa (; – 23 August 634) was the senior companion and was, through his daughter Aisha, a father-in-law of the Islamic prophet Muhammad, as well as the first caliph of Islam. He is known with the honor ...
, 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:
Furthermore,
Sura
A ''surah'' (; ar, سورة, sūrah, , ), is the equivalent of "chapter" in the Qur'an. There are 114 ''surahs'' in the Quran, each divided into '' ayats'' (verses). The chapters or ''surahs'' are of unequal length; the shortest surah ('' Al-K ...
Al-Baqara
Al-Baqara, alternatively transliterated Al-Baqarah ( ar, الْبَقَرَة, ; "The Heifer" or "The Cow"), is the second and longest chapter (''surah'') of the Quran. It consists of 286 verses ('' āyāt'') which begin with the " mysterio ...
br>
2:190–193of the
Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
requires that in combat Muslims are only allowed to strike back in
self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
against those who strike against them, but, on the other hand, once the enemies cease to attack, Muslims are then commanded to stop attacking:
In the history of the early Christian church, many Christian writers considered that Christians could not be soldiers or fight wars.
Augustine of Hippo
Augustine of Hippo ( , ; la, Aurelius Augustinus Hipponensis; 13 November 354 – 28 August 430), also known as Saint Augustine, was a theologian and philosopher of Berber origin and the bishop of Hippo Regius in Numidia, Roman North Af ...
contradicted this and wrote about '
just war
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war i ...
' 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.
In
medieval Europe
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
, the
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
also began promulgating teachings on
just war
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war i ...
, reflected to some extent in movements such as the
Peace and Truce of God
The Peace and Truce of God ( lat, Pax et treuga Dei) was a movement in the Middle Ages led by the Catholic Church and one of the most influential mass peace movements in history. The goal of both the ''Pax Dei'' and the ''Treuga Dei'' was to limit ...
. The impulse to restrict the extent of warfare, and especially protect the lives and property of
non-combatant
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 ...
s continued with
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
and his attempts to write laws of war.
One of the grievances enumerated in the
American Declaration of Independence
The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ...
was that King
George III
George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...
"has endeavoured to bring on the inhabitants of our frontiers the merciless Indian Savages whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions".
Modern sources
The modern law of war is made up from three principal sources:
* ''Lawmaking
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
'' (or ''conventions'')—see
§ International treaties on the laws of war below.
* ''Custom''. Not all the law of war derives from or has been incorporated in such treaties, which can refer to the continuing importance of customary law as articulated by the
Martens Clause
The Martens Clause ( pronounced ) was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land.
__NOTOC__
The clause took its name from a declaration read by Friedrich Martens, the delegate of Russia at ...
. Such
customary international law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...
is established by the general practice of nations together with their
acceptance that such practice is required by law.
* ''General Principles''. "Certain fundamental principles provide basic guidance. For instance, the principles of distinction, proportionality, and necessity, all of which are part of customary international law, always apply to the use of armed force".
Positive
Positive is a property of positivity and may refer to:
Mathematics and science
* Positive formula, a logical formula not containing negation
* Positive number, a number that is greater than 0
* Plus sign, the sign "+" used to indicate a posi ...
international humanitarian law
International humanitarian law (IHL), also referred to as the laws of armed conflict, 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 prot ...
consists of
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
(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,
many of which were explored at the
Nuremberg War Trials
The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II.
Between 1939 and 1945, Nazi Germany invaded m ...
. 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
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
signed on November 25 and 26, 1820 between the president of the
Republic of Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
,
Simón Bolívar
Simón José Antonio de la Santísima Trinidad Bolívar y Palacios (24 July 1783 – 17 December 1830) was a Venezuelan military and political leader who led what are currently the countries of Colombia, Venezuela, Ecuador, Peru, Panama and B ...
and the Chief of the Military Forces of the
Spanish Kingdom
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
,
Pablo Morillo
Pablo Morillo y Morillo, Count of Cartagena and Marquess of La Puerta, a.k.a. ''El Pacificador'' (The Peace Maker) (5 May 1775 – 27 July 1837) was a Spanish general.
Biography
Morillo was born in Fuentesecas, Zamora, Spain. In 1791 ...
, is the precursor of the International Humanitarian Law. The
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo ( es, Tratado de Guadalupe Hidalgo), officially the Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the United Mexican States, is the peace treaty that was signed on 2 ...
, 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. The
Lieber Code
The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated h ...
, promulgated by the Union during the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, was critical in the development of the laws of land warfare. Historian Geoffrey Best called the period from 1856 to 1909 the law of war's "epoch of highest repute." 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. 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.
In addition, the Nuremberg War Trial judgment on "The Law Relating to War Crimes and Crimes Against Humanity" held, under the guidelines
Nuremberg Principles, that treaties like the
Hague Convention of 1907
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 amo ...
, 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
Carla Del Ponte (born February 9, 1947) is a former Chief Prosecutor of two United Nations international criminal law tribunals. A former Swiss attorney general, she was appointed prosecutor for the International Criminal Tribunal for the former ...
, the chief prosecutor for the
International Criminal Tribunal for the former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
pointed out in 2001 that although there is no specific treaty ban on the use of
depleted uranium
Depleted uranium (DU; also referred to in the past as Q-metal, depletalloy or D-38) is uranium with a lower content of the fissile isotope than natural uranium.: "Depleted uranium possesses only 60% of the radioactivity of natural uranium, hav ...
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. 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 Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, i ...
; the
Charter of the United Nations
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
; the
Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
; the
United Nations Convention Against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
; the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
including
Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are ...
; the
Convention on Conventional Weapons
The United Nations Convention on Certain Conventional Weapons (CCW or CCWC), concluded at Geneva on October 10, 1980, and entered into force in December 1983, seeks to prohibit or restrict the use of certain conventional weapons which are consid ...
of 1980; the
Chemical Weapons Convention
The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
; and the
Convention on the Physical Protection of Nuclear Material
The Convention on the Physical Protection of Nuclear Material was adopted on 26 October 1979 in Vienna, Austria. The initial signing ceremony took place in Vienna and at New York on 3 March 1980, and the convention entered into force on 8 February ...
.
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 law by warring parties through the ages, it was believed that codifying laws of war would be beneficial.
Some of the central principles underlying laws of war are:
* Wars should be limited to achieving the political goals that started the war (e.g., territorial control) and should not include unnecessary destruction.
* Wars should be brought to an end as quickly as possible.
* People and property that do not contribute to the war effort should be protected against unnecessary destruction and hardship.
To this end, laws of war are intended to mitigate the hardships of war by:
* Protecting both
combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It ...
s and
non-combatant
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 ...
s from unnecessary suffering.
* Safeguarding certain fundamental
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
of persons who fall into the hands of the enemy, particularly
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
, the wounded and sick, children, and
civilians
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
.
* Facilitating the restoration of
peace
Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. ...
.
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.
Principles of the laws of war
''
Military necessity
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.
Attacks
Military necessity is governed by several constra ...
,'' along with ''
distinction,'' ''
proportionality,'' ''
humanity'' (sometimes called unnecessary suffering), and ''
honor
Honour (British English) or honor (American English; see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of social teaching and of personal ethos, that manifests itself as a ...
'' (sometimes called chivalry) are the five most commonly cited principles of
international humanitarian law
International humanitarian law (IHL), also referred to as the laws of armed conflict, 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 prot ...
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,
[Article 52 of Additional ]Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are ...
to the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
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: ) and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated.
''Distinction'' is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby
belligerent
A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin ''bellum gerere'' ("to wage war"). Unlike the use of ''belligerent'' as an adjective meaning ...
s must distinguish between
combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It ...
s and
civilian
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
s.
[Civilian in this instance means civilians who are ]non-combatant
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 ...
s and not members of the military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. Article 51.3 of Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are ...
to the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".
''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 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.
''Humanity''. This principle is based in the Hague Conventions 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, like the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, 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.
[ ]
''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.
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
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and p ...
that is not reasonably necessary for military purposes and that belligerents conduct hostilities with regard for the principles of
humanity and
chivalry
Chivalry, or the chivalric code, is an informal and varying code of conduct developed in Europe between 1170 and 1220. It was associated with the medieval Christianity, Christian institution of knighthood; knights' and gentlemen's behaviours we ...
.
However, because the laws of war are based on consensus, the content and interpretation of such laws are extensive, contested, and ever-changing.
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
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 amo ...
required hostilities to be preceded by a reasoned
declaration of war
A declaration of war is a formal act by which one state (polity), state announces existing or impending war activity against another. The declaration is a performative speech act (or the signing of a document) by an authorized party of a nationa ...
or by an ultimatum with a conditional declaration of war.
Some treaties, notably the
United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
(1945) 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
The Kellogg–Briand Pact or Pact of Paris – officially the General Treaty for Renunciation of War as an Instrument of National Policy – is a 1928 international agreement on peace in which signatory states promised not to use war to ...
of 1928 for those nations who ratified it. Formal declarations of war have been
uncommon since 1945 outside the Middle East and East Africa.
Lawful conduct of belligerent actors
Modern laws of war regarding conduct during war (''jus in bello''), such as the
1949 Geneva Conventions
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 Augus ...
, 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'' provides that Lawful Combatants are required
*(a) That of being commanded by a person responsible for his subordinates;
*(b) That of having a fixed distinctive sign recognizable at a distance;
*(c) That of carrying arms openly; and
*(d) That of conducting their operations in accordance with the laws and customs of war.
Impersonating enemy combatants by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful
perfidy
In the context of war, perfidy is a form of deception in which one side promises to act in good faith (such as by raising a flag of truce) with the intention of breaking that promise once the unsuspecting enemy is exposed (such as by coming out ...
, as is the taking of
hostage
A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized, such as a relative, employer, law enforcement or government to act, or ref ...
s.
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
Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
.
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
Airborne forces, airborne troops, or airborne infantry are ground combat units carried by aircraft and airdropped into battle zones, typically by parachute drop or air assault. Parachute-qualified infantry and support personnel serving in a ...
,
special forces
Special forces and special operations forces (SOF) are military units trained to conduct special operations. NATO has defined special operations as "military activities conducted by specially designated, organized, selected, trained and equip ...
,
commandos
Royal Marines from 40 Commando on patrol in the Sangin">40_Commando.html" ;"title="Royal Marines from 40 Commando">Royal Marines from 40 Commando on patrol in the Sangin area of Afghanistan are pictured
A commando is a combatant, or operativ ...
,
spies
Spies most commonly refers to people who engage in spying, espionage or clandestine operations.
Spies or The Spies may also refer to:
* Spies (surname), a German surname
* Spies (band), a jazz fusion band
* Spies (song), "Spies" (song), a song by ...
,
saboteurs
Sabotage is a deliberate action aimed at weakening a polity, effort, or organization through subversion, obstruction, disruption, or destruction. One who engages in sabotage is a ''saboteur''. Saboteurs typically try to conceal their identiti ...
,
liaison officer
A Liaison officer is a person who liaises between two or more organizations to communicate and coordinate their activities on a matter of mutual concern. Generally, liaison officers are used for achieving the best utilization of resources, or empl ...
s, 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
![Emblem of the ICRC](https://upload.wikimedia.org/wikipedia/commons/b/b6/Emblem_of_the_ICRC.svg)
Modern laws of war, such as the 1949 Geneva Conventions, also include prohibitions on attacking
doctors
Doctor or The Doctor may refer to:
Personal titles
* Doctor (title), the holder of an accredited academic degree
* A medical practitioner, including:
** Physician
** Surgeon
** Dentist
** Veterinary physician
** Optometrist
*Other roles
** ...
,
ambulance
An ambulance is a medically equipped vehicle which transports patients to treatment facilities, such as hospitals. Typically, out-of-hospital medical care is provided to the patient during the transport.
Ambulances are used to respond to medi ...
s or
hospital ship
A hospital ship is a ship designated for primary function as a floating medical treatment facility or hospital. Most are operated by the military forces (mostly navies) of various countries, as they are intended to be used in or near war zones. ...
s displaying a
Red Cross
The International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 97 million Volunteering, volunteers, members and staff worldwide. It was founded to protect human life and health, to ensure re ...
, a
Red Crescent
The International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 97 million Volunteering, volunteers, members and staff worldwide. It was founded to protect human life and health, to ensure re ...
,
Magen David Adom
The Magen David Adom ( he, מגן דוד אדום, abbr. MDA, pronounced ''MAH-dah'' per its Hebrew acronym, ) is Israel's national emergency medical, disaster, ambulance and blood bank service. The name means "Red Shield" or "Red Star of Davi ...
,
Red Crystal
The emblems of the International Red Cross and Red Crescent Movement, under the Geneva Conventions, are to be placed on humanitarian and medical vehicles and buildings, and to be worn by medical personnel and others carrying out humanitarian w ...
, or other emblem related to the
International Red Cross and Red Crescent Movement
The International Red Cross and Red Crescent Movement is a humanitarian movement with approximately 97 million volunteers, members and staff worldwide. It was founded to protect human life and health, to ensure respect for all human beings, an ...
. It is also prohibited to fire at a person or vehicle bearing a
white flag
White flags have had different meanings throughout history and depending on the locale.
Contemporary use
The white flag is an internationally recognized protective sign of truce or ceasefire, and for negotiation. It is also used to symbolize ...
, since that indicates an intent to surrender or a desire to communicate.
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
In the context of war, perfidy is a form of deception in which one side promises to act in good faith (such as by raising a flag of truce) with the intention of breaking that promise once the unsuspecting enemy is exposed (such as by coming out ...
. Failure to follow these requirements can result in the loss of protected status and make the individual violating the requirements a lawful target.
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
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. 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
Combat ( French for ''fight'') is a purposeful violent conflict meant to physically harm or kill the opposition. Combat may be armed (using weapons) or unarmed ( not using weapons). Combat is sometimes resorted to as a method of self-defense, or ...
or the
war effort
In politics and military planning, a war effort is a coordinated mobilization of society's resources—both industrial and human—towards the support of a military force. Depending on the militarization of the culture, the relative size ...
, but they are not guilty of a war crime if a bomb mistakenly or incidentally hits a residential area.
By the same token, combatants that ''intentionally'' use protected people or property as
human shields
A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it. The use of human shields as a resistance measure was popula ...
or
camouflage
Camouflage is the use of any combination of materials, coloration, or illumination for concealment, either by making animals or objects hard to see, or by disguising them as something else. Examples include the leopard's spotted coat, the ...
are guilty of violations of the laws of war and are responsible for damage to those that should be protected.
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.
International law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
has yet to come to a consensus on this issue.
Remedies for violations
During conflict,
punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in
reprisal
A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions (AP 1), reprisals in the laws of war are extreme ...
.
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
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantl ...
, Article 129 and Article 130.)
Combatants who break specific provisions of the laws of war are termed
unlawful combatants
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 Internati ...
. Unlawful combatants who have been captured may lose the status and protections that would otherwise be afforded to them as
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
, but only after a "
competent tribunal
Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states:
ICRC commentary on competent tribunals
The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Geneva Con ...
" 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
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 Augus ...
Article 5.)
International treaties on the laws of war
List of declarations, conventions, treaties, and judgments on the laws of war:
* 1856
Paris Declaration Respecting Maritime Law
The Paris Declaration respecting Maritime Law of 16 April 1856 was an international multilateral treaty agreed to by the warring parties in the Crimean War gathered at the Congress at Paris after the peace treaty of Paris had been signed in March ...
abolished
privateering
A privateer is a private person or ship that engages in maritime warfare under a commission of war. Since robbery under arms was a common aspect of seaborne trade, until the early 19th century all merchant ships carried arms. A sovereign or deleg ...
.
* 1863
United States military
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
adopts the
Lieber Code
The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated h ...
, a compilation of extant international norms on the treatment of civilians assembled by German scholar
Franz Lieber
Francis Lieber (March 18, 1798 or 1800 – October 2, 1872), known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an '' Encyclopaedia Americana''. He was the author of the Lieber Code durin ...
.
* 1864
Geneva Convention
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
* 1868
St. Petersburg Declaration Renouncing the Use of Explosive projectiles Under 400 grams Weight.
* 1874 Project of an International Declaration concerning the Laws and Customs of War (
Brussels Declaration
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
). Signed in Brussels 27 August. This agreement never entered into force, but formed part of the basis for the codification of the laws of war at the 1899
Hague Peace Conference
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 amon ...
.
[Brussels Conference of 1874]
ICRC
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signator ...
cites D. Schindler and J. Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp. 22–34.
* 1880 Manual of the Laws and Customs of War at
Oxford
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. At its session in Geneva in 1874 the
Institute of International Law appointed a committee to study the ''Brussels Declaration'' of the same year and to submit to the Institute its opinion and supplementary proposals on the subject. The work of the Institute led to the adoption of the Manual in 1880 and it went on to form part of the basis for the codification of the laws of war at the 1899 Hague Peace Conference.
[
* 1899 Hague Conventions consisted of three main sections and three additional declarations:
** I – Pacific Settlement of International Disputes
** II – Laws and Customs of War on Land
** III – Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864
** Declaration I – On the Launching of Projectiles and Explosives from Balloons
** Declaration II – On the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases
** Declaration III – On the Use of Bullets Which Expand or Flatten Easily in the Human Body
* 1907 Hague Conventions had thirteen sections, of which twelve were ratified and entered into force, and two declarations:
** I – The Pacific Settlement of International Disputes
** II – The Limitation of Employment of Force for Recovery of Contract Debts
** III – The Opening of Hostilities
** IV – The Laws and Customs of War on Land
** V – The Rights and Duties of Neutral Powers and Persons in Case of War on Land
** VI – The Status of Enemy Merchant Ships at the Outbreak of Hostilities
** VII – The Conversion of Merchant Ships into War-ships
** VIII – The Laying of Automatic Submarine Contact Mines
** IX – Bombardment by Naval Forces in Time of War
** X – Adaptation to Maritime War of the Principles of the Geneva Convention
** XI – Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War
** XII – The Creation of an International Prize Court ot Ratified
** XIII – The Rights and Duties of Neutral Powers in Naval War
** Declaration I – extending Declaration II from the 1899 Conference to other types of aircraft
** Declaration II – on the obligatory arbitration
* 1909 ]London Declaration concerning the Laws of Naval War
The London Declaration concerning the Laws of Naval War is an international code of maritime law, especially as it relates to wartime activities, proposed in 1909 at the London Naval Conference by the leading European naval powers, the United S ...
largely reiterated existing law, although it showed greater regard to the rights of neutral entities. Never went into effect.
* 1922 The Washington Naval Treaty
The Washington Naval Treaty, also known as the Five-Power Treaty, was a treaty signed during 1922 among the major Allies of World War I, which agreed to prevent an arms race by limiting naval construction. It was negotiated at the Washington Nav ...
, also known as the ''Five-Power Treaty'' (6 February)
* 1923 Hague Draft Rules of Aerial Warfare. Never adopted in a legally binding form.
* 1925 Geneva protocol
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 ...
for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare.
* 1927–1930 Greco-German arbitration tribunal
* 1928 Kellogg-Briand Pact (also known as the ''Pact of Paris'')
* 1929 Geneva Convention, Relative to the treatment of prisoners of war.
* 1929 Geneva Convention on the amelioration of the condition of the wounded and sick
* 1930 Treaty for the Limitation and Reduction of Naval Armament (22 April)
* 1935 Roerich Pact
The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments or Roerich Pact is an inter-American treaty. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is ...
* 1936 Second London Naval Treaty
The Second London Naval Treaty was an international treaty signed as a result of the Second London Naval Disarmament Conference held in London, the United Kingdom. The conference started on 9 December 1935 and the treaty was signed by the parti ...
(25 March)
* 1938 Amsterdam Draft Convention for the Protection of Civilian Populations Against New Engines of War. This convention was never ratified.
* 1938 League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
declaration for the "Protection of Civilian Populations Against Bombing From the Air in Case of War"
* 1945 United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
(entered into force on October 24, 1945)
* 1946 Judgment of the International Military Tribunal at Nuremberg
* 1947 Nuremberg Principles formulated under UN General Assembly Resolution 177 UN General Assembly Resolution 177, 21 November 1947 - Formulation of the principles recognised in the London Charter of the Nuremberg Tribunal
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of ...
, 21 November 1947
* 1948 United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
* 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
* 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
* 1949 Geneva Convention III Relative to the Treatment of Prisoners of War
* 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War
* 1954
* 1971 Zagreb Resolution of the Institute of International Law on Conditions of Application of Humanitarian Rules of Armed Conflict to Hostilities in which the United Nations Forces May be Engaged
* 1974 United Nations
* 1977 United Nations Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques
* 1977 Geneva Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are ...
Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts
* 1977 Geneva Protocol II
Protocol II is a 1977 amendment Protocol (diplomacy), protocol to the Geneva Conventions relating to the protection of victims of ''non-international'' armed conflicts. It defines certain international laws that strive to provide better prot ...
Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts
* 1978 Red Cross Fundamental Rules of International Humanitarian Law Applicable in Armed Conflicts
* 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW)
** 1980 Protocol I on Non-Detectable Fragments
** 1980
** 1980 Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons
** 1995 Protocol IV on Blinding Laser Weapons
** 1996 Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices
** Protocol on Explosive Remnants of War (Protocol V to the 1980 Convention), 28 November 2003 (entered into force 12 November 2006)
* 1994 San Remo Manual The San Remo Manual on International Law Applicable to Armed Conflicts at Sea was adopted in June 1994 by the International Institute of Humanitarian Law after a series of round table discussions held between 1988 and 1994 by diplomats and naval and ...
on International Law Applicable to Armed Conflicts at Sea
* 1994 ICRC/UNGA Guidelines for Military Manuals and Instructions on the Protection of the Environment in Time of Armed Conflict
* 1994 UN .
* 1996 The International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
advisory opinion
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some cou ...
on the Legality of the Threat or Use of Nuclear Weapons
''Legality of the Threat or Use of Nuclear Weapons'ICJ 3] is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary ...
* 1997 Ottawa Treaty, Ottawa Treaty - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction
* 1998 Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
(entered into force 1 July 2002)
* 2000 (entered into force 12 February 2002)
* 2005 Geneva Protocol III
Protocol III is a 2005 amendment Protocol (diplomacy), protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Emblems of the International Red Cross an ...
Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem
* 2008 Convention on Cluster Munitions
The Convention on Cluster Munitions (CCM) is an international treaty that prohibits all use, transfer, production, and stockpiling of cluster bombs, a type of explosive weapon which scatters submunitions ("bomblets") over an area. Additionally, ...
(entered into force 1 August 2010)
* 2017 Treaty on the Prohibition of Nuclear Weapons
The Treaty on the Prohibition of Nuclear Weapons (TPNW), or the Nuclear Weapon Ban Treaty, is the first legally binding international agreement to comprehensively prohibit nuclear weapons with the ultimate goal being their total elimination. It ...
(entered into force 22 January 2021)
See also
* Arms control
Arms control is a term for international restrictions upon the development, production, stockpiling, proliferation and usage of small arms, conventional weapons, and weapons of mass destruction. Arms control is typically exercised through the u ...
(includes list of treaties)
* Command responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
* Crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
* Customary international humanitarian law Customary international humanitarian law is a body of unwritten rules of public international law, which govern conduct during armed conflict.
Customary international law
Customary international law, like international treaty law, is recognized as ...
* Debellatio
The term "debellatio" or "debellation" (Latin "defeating, or the act of conquering or subduing", literally, "warring (the enemy) down", from Latin ''bellum'' "war") designates the end of war caused by complete destruction of a hostile state. Israel ...
* International law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
* Islamic military jurisprudence
Islamic military jurisprudence refers to what has been accepted in Sharia (Islamic law) and Fiqh (Islamic jurisprudence) by ''Ulama'' (Islamic scholars) as the correct Islamic manner, expected to be obeyed by Muslims, in times of war. Some schola ...
* ''Journal of International Law of Peace and Armed Conflict
The ''Journal of International Law of Peace and Armed Conflict'' (German: ''Humanitäres Völkerrecht - Informationsschriften'') is an academic journal of international law published quarterly by the Secretary General of the German Red Cross and ...
''
* ''Jus post bellum
''Jus post bellum'' ( ; Latin for "Justice after war") is a concept that deals with the morality of the termination phase of war, including the responsibility to rebuild. The idea has some historical pedigree as a concept in just war theory. In m ...
''
* Law of occupation
Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
* Law of the Sea
* Lawfare
Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent, or to deter individual's usage of their legal rights.''Unrestricted Warfare''p. 55
The term may refer to the use of legal systems and principles against ...
* ''Lex pacificatoria
The ''lex pacificatoria'' is a Latin neologism, which translates as 'pacific law' or the 'law of the peacemakers'; it refers to the law relating to agreements or treaties ending a state of war or establishing a permanent peace between belligerents, ...
''
* List of Articles of War
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The first known usage of the phrase is in Robert Monro's 1637 work ''His expedition with the worthy Scot's regiment called Mac-k ...
* List of weapons of mass destruction treaties
A variety of treaties and agreements have been enacted to regulate the use, development and possession of various types of weapons of mass destruction (WMD). Treaties may regulate weapons use under the customs of war (Hague Conventions, Geneva Pro ...
* Right of conquest
The right of conquest is a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of Worl ...
* Rule of Law in Armed Conflicts Project (RULAC)
The Rule of Law in Armed Conflicts Project (RULAC Project) is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the international law of armed conflict.
Overview ...
* Self-defence in international law Hugo Grotius, the 17th century jurist and father of public international law, stated in his 1625 magnum opus ''The Law of War and Peace'' that "Most Men assign three Just Causes of War, Defence, the Recovery of what's our own, and Punishment."
O ...
* Targeted killing
Targeted killing is a form of murder or assassination carried out by governments outside a judicial procedure or a battlefield.
Since the late 20th century, the legal status of targeted killing has become a subject of contention within and betw ...
* Total war
Total war is a type of warfare that includes any and all civilian-associated resources and infrastructure as legitimate military targets, mobilizes all of the resources of society to fight the war, and gives priority to warfare over non-combata ...
* War crime, an act that amounts to a violation of the law of war
Notes
References
Citations
General sources
*
*
*
*
*
*
*
*
Further reading
* Witt, John Fabian. ''Lincoln's Code: The Laws of War in American History'' (Free Press; 2012) 498 pages; on the evolution and legacy of a code commissioned by President Lincoln in the Civil War
External links
War & law index
International Committee of the Red Cross website
International Law of War Association
The European Institute for International Law and International Relations
* Th
Rule of Law in Armed Conflicts Project
Law of War Manual
U.S. Department of Defense (2015, updated December 2016)
{{DEFAULTSORT:Laws Of War
War
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...