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Topic: Laws of war


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War

In the News (Sat 20 Oct 18)

  
  The Avalon Project - Laws of War : Laws and Customs of War on Land (Hague II); July 29, 1899
Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the Courts.
www.yale.edu /lawweb/avalon/lawofwar/hague02.htm   (3432 words)

  
  laws of war - Encyclopedia.com   (Site not responding. Last check: 2007-11-05)
These laws are designed to minimize the destruction of life and property, to proscribe cruel treatment of noncombatants and prisoners of war, and to establish conditions under which the belligerents may consult with one another.
There is no convention on the laws of war to which all the major powers of the world have acceded, and many conventions provide that their terms shall be inoperative if any of the belligerents is not a signatory or if an enemy commits a violation.
The laws of war and humanitarian law: a turbulent vista.
www.encyclopedia.com /doc/1E1-war-laws.html   (1150 words)

  
 The Avalon Project - Laws of War : Laws and Customs of War on Land (Hague II); July 29, 1899
Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the Courts.
www.freehawaii.org /lawsofwar.html   (3434 words)

  
  Laws of war Information
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.
In general, the laws of war are most strictly applied to the losers of war, with only the victorious faction having the power to prosecute themselves for their own violations, which tends to be less harsh than the prosecution of the losers.
www.bookrags.com /Laws_of_war   (1392 words)

  
 Laws of war - Wikipedia, the free encyclopedia
The two parts of the laws of war: Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called Jus in bello; while law concerning allowable justifications for armed force is called Jus ad bellum.
These laws define both the permissive rights of states as well as prohibitions on their conduct when dealing with irregular forces and non-signatories.
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 known as perfidy.
en.wikipedia.org /wiki/Laws_of_war   (1252 words)

  
 U.S. Army Field Manual provisions relating to the law of war.
The law of war places limits on the exercise of a belligerent's power in the interests mentioned in paragraph 2 and requires that belligerents refrain from employing any kind or degree of violence which is not actually necessary for military purposes and that they conduct hostilities with regard for the principles of humanity and chivalry.
The prohibitory effect of the law of war is not minimized by "military necessity" which has been defined as that principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible.
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....
www.law.umkc.edu /faculty/projects/ftrials/mylai/fieldman.html   (605 words)

  
 B'Tselem - International humanitarian law (laws of war)
Humanitarian law does not deal with the question of whether the war is justified, but with the means used during the conflict.
The Hague Regulations, which establish the laws for conducting war on land, are considered part of international customary law.
The four Geneva Conventions for the protection of victims of war of 1949, and its protocols of 1977 comprise the major part of humanitarian law applying to war and occupation.
www.btselem.org /English/International_Law/Humanitarian_Law.asp   (415 words)

  
 Fallujah and the laws of war
It was conducted in flagrant and contemptuous violation of all the Geneva Conventions on the laws of war, which were adopted in 1949 in response to the horrors of the Second World War, and in particular the atrocities inflicted by the Nazi armed forces in Eastern Europe and the Soviet Union.
In their most developed form these laws reflect the attempts of civilised society to reduce the suffering of war to a minimum and to insist, to the fullest extent possible, on its humane conduct.
In the first war crimes trial conducted on American soil—in 1865—Confederate officer Henry Wirz was convicted and hanged for the murder of Union prisoners of war.
www.wsws.org /articles/2004/nov2004/fall-n24.shtml   (1659 words)

  
 The Laws of War -- JSCOPE XIX   (Site not responding. Last check: 2007-11-05)
The conventions of war on which traditional international law is based are being overrun by the realities of cheap chemical and biological weapons, ample flows of rapid fire and highly accurate conventional weapons, a plenitude of mines of all sorts, and an adoption of unconventional force tactics (read "terrorism") as ordinary practice by belligerents.
The problems for the peacekeeper lie in the nexus between the traditional laws of war and the premises of instantiation, and the growing body of international humanitarian law.
Increasingly, with the distinction between internal and external conflicts being blurred by the acts of those pursuing "wars of self determination" and "wars of national liberation," the norms of humanitarian law are being applied regardless of the official status of persons involved in a conflict (combatant or non-combatant).
www.usafa.af.mil /jscope/JSCOPE97/Baines97.htm   (5893 words)

  
 Murphy Laws Site - War Laws
All the Laws of War for Helicopters were sent by Jim Kirk with courtesy of CWO4 Larry Gilbert (Ret).
The last three laws were sent by Brad Lucas, CPT, AV USA Ret, and a 1st Gulf War Vet.
Laws of war for tanks were sent by Darrell A. Pierce
www.murphys-laws.com /murphy/murphy-war.html   (3317 words)

  
 Order Out of Anarchy: The International Law of War
The laws of war constitute a variation on this theme: they are rules that have evolved to resolve practical problems confronting the relevant actors (who happen to be national governments) relating to military conflict, and that have not been legislated by an overarching, central authority.
Between the wars several attempts were made to limit or prohibit the use of submarines in war.[8] During the Washington Conference of 1921 and 1922 the British failed in an attempt to achieve a total abolition of the use of the submarine in war.
War is usually represented as the paradigmatic case of anarchy: a chaos of conflict, butchery unrestrained by law.
www.cato.org /pub_display.php?pub_id=2775   (5349 words)

  
 Peace and the laws of war: the role of international humanitarian law in the post-conflict environment
This requires a critical scrutiny of the arguments in favour of resort to the law in order to verify that claims for the utility of the law in such circumstances are based not on overblown assertions but on sustainable reasoning.
While the possibility of trial for breaches of humanitarian law before an international tribunal might, because of the gravity which international trial signifies, be taken to have greater deterrent value than trial before a domestic court, this does not appear to be the case.
As international humanitarian law gives a much more explicit recognition to the principle of individual criminal responsibility than human rights law, outlaws all the gross abuses typically committed in conflict situations and, particularly since the adoption of the two 1977 Additional Protocols, also provides extensive due process guarantees, it is tailormade to serve this purpose.
www.icrc.org /web/eng/siteeng0.nsf/html/57JQQ7   (6498 words)

  
 news-miscon   (Site not responding. Last check: 2007-11-05)
To say that we are witnessing a global international war against groups such as Al-Qaeda would mean that under the laws of war their followers would be equal in rights and obligations to members of regular armed forces.
Under humanitarian law no one who has been detained, including an "unlawful combatant," may in any way be subjected to acts prohibited by the Conventions such as murder, violence to life and person, torture or inhumane treatment, or outrages upon personal dignity; nor may they be denied the right to a fair trial.
One of the purposes of the laws of war is to protect the life, health and dignity of all persons affected by armed conflict.
www.crimesofwar.org /onnews/news-miscon.html   (1372 words)

  
 [No title]
All captures and booty belong, according to the modern law of war, primarily to the government of the captor.
All prisoners of war are liable to the infliction of retaliatory measures.
A prisoner of war, being a public enemy, is the prisoner of the government, and not of the captor.
www1.umn.edu /humanrts/instree/1863a.htm   (8532 words)

  
 The Laws of War on Land, 1880
It is essential, too, that they make these laws known among all people, so that when a war is declared, the men called upon to take up arms to defend the causes of the belligerent States, may be thoroughly impregnated with the special rights and duties attached to the execution of such a command.
As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals cannot, in withdrawing, carry away any articles but such as are their private property.
Offenders against the laws of war are liable to the punishments specified in the penal law.
www.lib.byu.edu /~rdh/wwi/1914m/land1880.html   (4310 words)

  
 FindLaw's Writ - Dworkin: Revising the Laws of War to Account for Terrorism
The laws of war were codified in the Geneva Conventions of 1949, and the Additional Protocols of 1977.
Nevertheless the Bush Administration has unhesitatingly described its campaign against al-Qaeda as a "war." Thus, it claims the laws of war apply: not the provisions of the Geneva Conventions themselves (since they don't cover this kind of conflict) but the underlying principles that inform the Conventions, and are seen as customary law.
War could occur, and the laws of war would only be triggered, when the U.S. took military action against a state, such as Afghanistan under the Taliban, that was harbouring terrorists.
writ.news.findlaw.com /commentary/20030204_dworkin.html   (2590 words)

  
 Iraq and the Laws of War : SF Indymedia   (Site not responding. Last check: 2007-11-05)
This duplicitous behavior violated the customary international laws of war set forth in the 1907 Hague Convention on the Opening of Hostilities to which the United States is still a contracting party, as evidenced by paragraphs 20, 21, 22, and 23 of U.S. Army Field Manual 27-10 (1956).
Under the laws of war, sovereignty is never transferred from the defeated sovereign such as Iraq to a belligerent occupant such as the United States.
Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation.
sf.indymedia.org /news/2005/12/1723328.php   (1432 words)

  
 Crimes Of War Project > Expert Analysis
In October of 1999, the Crimes of War Project carried out an informal survey of international legal experts to etermine the applicability of the laws of war —international humanitarian law— to the conflict in Chechnya.
He is a member of the Committee on Arms Control and Disarmament Law of the International Law Association and of the Executive Committee of the Russian Association of International Law.
She is a member of the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities, the ICRC expert committee on customary law, and governor of the British Institute of Human Rights.
www.crimesofwar.org /expert/chechnya.html   (407 words)

  
 The Laws of War and Just War Theory   (Site not responding. Last check: 2007-11-05)
Just wars are wars that are not wars of conquest but wars of liberation, waged to defend the people from foreign attack and from attempts to enslave them, or liberate the people from capitalist slavery, or lastly, to liberate colonies and dependent countries from the yoke of imperialism.
Unjust wars are wars of conquest, waged to conquer and enslave foreign countries and foreign nations.
For example, the First Protocol to the 1949 Geneva Convention, signed in 1977, asserted that "little wars" of national liberation, self-determination, against colonial domination, alien occupation, and/or racist regimes should be considered international wars for purposes of applying the laws of war generally.
faculty.ncwc.edu /toconnor/430/430lect05.htm   (6070 words)

  
 Law, Laws of War, Chechnya War - CDI Russia Weekly #268
During the early stages of the first war in Chechnya in 1994-96, Mozdok was still used by the strategic nuclear forces.
Troops leave the war zone and reinforcements or replacements are flown in by transport plane to Mozdok or arrive via the railroad to be transferred into Chechnya proper in convoys of trucks and APCs.
Wounded rebels are randomly killed; field camps set up by the rebels to treat their wounded have been deliberately attacked (state television has shown the results of such attacks, portrayed as "great victories").
www.cdi.org /russia/268-9.cfm   (736 words)

  
 US breaks the laws of war, by Olivier Audeoud
The principle is that anyone captured bearing arms is presumed to be a prisoner of war in the absence of evidence to the contrary.
Conditions of transfer are subject to the same rules: "The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred" (Article 46).
Prisoners of war are only required to state their name, rank and number, and they must be released and repatriated as soon as hostilities cease.
mondediplo.com /2002/04/08breach   (813 words)

  
 laws of war
These laws are designed to minimize the destruction of life and property, to proscribe cruel treatment of noncombatants and
laws of war: Modern Laws of War - Modern Laws of War There is no convention on the laws of war to which all the major powers of the...
laws of war: Development - Development In the Middle Ages the ideals of knighthood restrained some cruelties in warfare, but...
www.factmonster.com /ce6/society/A0851443.html   (211 words)

  
 LRB | Michael Byers : The Laws of War, US-Style   (Site not responding. Last check: 2007-11-05)
Also known as the 'laws of war', international humanitarian law traces its origins to 1859, when the Swiss businessman Henri Dunant witnessed the aftermath of the Battle of Solferino and initiated a movement that became the International Committee of the Red Cross.
Today, the rules of international humanitarian law are found in the 1907 Hague Conventions, the 1949 Geneva Conventions and their two Additional Protocols of 1977, as well as in a parallel body of unwritten customary international law that binds all countries, including those that have not ratified the Conventions and Protocols.
As war approaches, we should insist that the United States uphold the strict standards of international humanitarian law, not because it is expedient, but because it is the right thing to do.
www.lrb.co.uk /v25/n04/byer01_.html   (2682 words)

  
 NPR : Will Terrorism Rewrite the Laws of War?
Yet as even a cursory examination of the history of the nation's laws of war shows, presidents from Washington to Reagan and beyond have long championed the idea of humane treatment of prisoners as a vital cornerstone of U.S. policy.
Lincoln's orders also defined minimum standards for treating prisoners of war and explicitly outlawed all forms of cruelty -- "that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions," reads the code.
Amid the increasingly brutal realities of war in the 20th century, the additional Geneva Conventions outlawed the use of chemical weapons and guaranteed the humane treatment of soldiers at sea, of prisoners of war and of civilians during wartime.
www.npr.org /templates/story/story.php?storyId=5011464   (2185 words)

  
 war, laws of. The Columbia Encyclopedia, Sixth Edition. 2001-05
These laws are designed to minimize the destruction of life and property, to proscribe cruel treatment of noncombatants and prisoners of war, and to establish conditions under which the belligerents may consult with one another.
To mitigate the effects of insurrections and civil wars, established governments often recognize the belligerency of domestic opponents and conduct conflicts with them according to the laws of war.
There is no convention on the laws of war to which all the major powers of the world have acceded, and many conventions provide that their terms shall be inoperative if any of the belligerents is not a signatory or if an enemy commits a violation.
www.bartelby.com /65/wa/war-laws.html   (768 words)

  
 The laws of war and how they grew. - By David Greenberg - Slate Magazine   (Site not responding. Last check: 2007-11-05)
Also adding to the burgeoning body of law were the 1925 Geneva Protocol, barring the use of poison gas and biological weapons; the 1929 Geneva Convention, improving the rules on the treatment of POWs and the wounded; and other treaties regulating the wartime use of submarines.
Buttressing the laws of war, alas, did not check the human instinct for savagery, as World War II and the Holocaust showed, and the war's aftermath produced a slew of efforts to stop such horrors from recurring.
With the continual refinement of the laws of war and their near-universal adoption, their general thrust is by now fairly clear-cut (though the details, like those of any laws, remain open to interpretation).
www.slate.com /id/2060816   (1614 words)

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