The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians.

Contents

1 Sources of the laws of war 2 Purposes of the laws 3 Conduct of warfare 4 Prohibitory effects 5 Remedies for violations 6 See also 7 References 8 External links

Sources of the laws of war

The laws of war are mandatory for nations bound by the appropriate treaties, primarily the United Nations Charter, the Geneva conventions and the Hague conventions. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories.

The agreements regarding acceptable practices while engaged in war are referred to as the jus in bello. Thus the Geneva Conventions are a set of jus in bello. Any international agreements or other international norms concerning the justifiable reasons for a country to declare war against another can be referred to as jus ad bellum.

Purposes of the laws

The laws of war were inspired by the desire to diminish the evils of war by:

• Protecting both combatants and noncombatants from unnecessary suffering;
• Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians; and
• Facilitating the restoration of peace.

Conduct of warfare

Among other issues, the laws of war address declaration of war, acceptance of surrender and the treatment of prisoners of war; the avoidance of atrocities; the prohibition on deliberately attacking civilians; and the prohibition of certain inhumane weapons. It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniform or other easily identifiable badge and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform and fighting in that uniform, is forbidden, as is the taking of hostages.

Some treaties, notably the UN charter (1945) Article 2, and some other articles in the charter, seek to curtail the right of member states to declare war; as does the older and toothless Kellogg-Briand Pact of 1928 for those nations who ratified it but used against Germany in the Nuremberg War Trials.

Prohibitory effects

Well-known examples of such laws include the prohibition on attacking doctors or ambulances displaying a Red Cross. It is also prohibited to fire at a person or vehicle bearing a white flag, since that indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or white flag are expected to maintain neutrality, and may not engage in warlike acts; in fact, engaging in war activities under a white flag or red cross is itself a violation of the laws of war.

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.

Soldiers who break specific provisions of the laws of war lose the protections and status afforded as prisoners of war but only after facing a "competent tribunal" (GC III Art 5). At that point they become an unlawful combatant but they must still be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", because they are still covered by GC IV Art 5. For example, in World War II during the Battle of the Bulge, German SS troops put on American uniforms and impersonated American troops in order to surprise and kill American soldiers behind their own lines. Some of these Germans were captured and immediately executed even though they had surrendered.

Spies and terrorists are only protected by the laws of war if the power which holds them is in a state of armed conflict or war and until they are found to be an unlawful combatant. Depending on the circumstances, they may be subject to civilian law or military tribunal for their acts and in practice have been subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason.

After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law.

See also

• Just war
• Total war
• Law of land warfare
• International law
• International Humanitarian Law

References

• Documents on the Laws of War (http://www.oup.com/us/catalog/general/subject/Law/InternationalLaw/?view=usa&sf=toc&ci=0198763905), (Third Edition) Ed. by Adam Roberts and Richard Guelff, Oxford University press, ISBN 0198763905

External links

• UN Charter (http://www.un.org/aboutun/charter/)
• A Brief History Of The Laws Of War (http://www.globalissuesgroup.com/geneva/history.html)
• Crimes, Trials and Laws (http://www.ess.uwe.ac.uk/genocide/trials.htm)
• Trial of Otto Skorzeny and Others, General Military Government Court of the U.S. Zone of Germany, 18th August to 9th September, 1947 (http://www.ess.uwe.ac.uk/WCC/skorzeny.htm)

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