Rules of War: An Overview

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Rules of War An Overview

• Rules of War

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Today

• Recap Overview of the Laws of War
• Jus Ad Bellum v. Jus in Bello
• UN Charter Regime
• Hague v. Geneva Law
• IHL Basic Rules, or what are War Crimes?
• Understanding the Rules
• Thank you Lt. Watada Campaign

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Normative Theories About the Resort to Force

• Realism
• War and Morality Do Not Mix
• Militarism
• War is a Moral Good
• Pacifism
• War is Morally Wrong
• Just War Theory
• Some wars are immoral
• War is justified and even required in certain
  circumstances

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Just War Theory on Resort to Force

• Just Cause
• Right Intention
• Right Authority
• Last Resort
• Proportionality
• Likelihood of Success

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Normative Theory v. Explanatory Theory About
Norms
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Norms/Normative Theory v. International Law?
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International Law on Resort to Force (Jus ad
Bellum)

• Covenant of the League of Nations
• Members of the League undertake to respect and
  preserve as against external aggression the
  territorial integrity and existing political
  independence of all Members of the League.
• UN Charter, Article 2
• All members shall settle their international
  disputes by peaceful means.
• UN Charter, Article 33
• Parties to any dispute shall first of all seek a
  solution by negotiation
• UN Charter, Chapter VII
• The Security Council may take such action as
  may be necessary to maintain or restore
  international peace and security.

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UN Charter, Article 51

• Nothing in the present Charter shall impair the
  inherent right of individual or collective
  self-defense if an armed attack occurs against a
  member of the United Nations.

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Laws of War / IHL (Jus in Bello)

• Conduct of Hostilities (LOAC)
• Hague Conventions
• establishes the rights and obligations of
  combatants in the conduct of military operations,
  and limits the means of harming the enemy.
• Protection of War Victims (IHL)
• Geneva Conventions and Additional Protocols
• designed to safeguard military personnel who are
  not or no longer taking part in the hostilities
  and persons not actively involved in the
  conflict, in particular civilians.

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Conduct of Hostilities (Hague Law)

• Discrimination
• Article 48, AP 1 Parties to the conflict shall
  at all times distinguish between the civilian
  population and combatants and between civilian
  objects and military objectives and shall direct
  their operations only against military
  objectives.
• Proportionality/Military Necessity
• St. Petersburg Declaration the only legitimate
  object during war is to weaken the military
  forces of the enemy...

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Protection of Non-Combatants(Geneva Law)

• Sick and wounded
• Civilians and Refugees
• Prisoners of War
• Relief Workers
• Journalists
• Geneva Conventions of 1949
• Common Article 3

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International Humanitarian Law (IHL) in a Nutshell

• Dont target civilians!
• Minimize collateral damage
• Dont kill wounded or surrendering troops
• Tend to the wounded and sick
• Medical personnel are protected
• Respect the rights of detainees
• Means and methods of war have limits
• Reprisals are forbidden

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Categories of Crimes

• Grave Breaches
• Individual responsibility
• Universal jurisdiction
• Requirement to prosecute or extradite
• Serious Violations of IHL
• Individual responsibility
• No requirement to prosecute/extradite
• Illegal Acts
• State responsibility

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Other Related Law

• Genocide
• Crimes Against Humanity
• Human Rights Law
• Fundamental Guarantees
• The term fundamental guarantees describes the
  rules governing the minimum standards of
  protection for individuals that remain applicable
  in all circumstances.
• - Francoise Bouchet-Saulnier

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Questions?
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Recap

• Jus Ad Bellum and Jus in Bello Are Related But
  Distinct
• Just War Theory is Theory, Not Law
• Some Just War Principles Codified in Law
• UN Charter Regime Governs Use of Force
• IHL Governs Conduct of Hostilities and Protection
  of Non-Combatants