Laws of War

Ben Tippett

Description

When is it lawful or unlawful for a nation to engage in war? When are servicemembers lawfully permitted to target and kill enemy combatants, or even civilians? What does the term 'war crime' actually mean, and why are so many war criminals not behind bars? War affects us all, whether we like it or not. Military personnel have rights and obligations in war, and we're all classified as civilians in conflicts in which we're not fighting. We all belong to nations which have the ability to end lives with the push of a button, and we all live on territories that are capable of being attacked. The laws of war regulate this most deplorable state of human affairs, according to laws ratified by every single nation on Earth. The general principles of the laws of war are easily summarised, and the detail is endlessly fascinating. Thousands of armed conflicts fought worldwide throughout history illustrate the laws' application in captivating detail. The broader global context-including arms sales, military budgets, collective defence coalitions and extradition treaties-is enthralling and terrifying in equal measure.

Informations

• Publié par: Austin Macauley Publishers Ltd
• Date de parution: 08 janvier 2021
• Nombre de lectures: 0
• EAN13: 9781528977753
• Langue: English

Extrait

The Laws of War
Ben Tippett
Austin Macauley Publishers
2021-01-08
The Laws of War Part One The Laws of War Chapter 1: The Laws of War The Development of Modern International Humanitarian Law The Core Concepts of International Humanitarian Law The Geneva Conventions and Sources of International Humanitarian Law The Two Domains of International Humanitarian Law: Geneva Law and Hague Law Scope of Application of International Humanitarian Law International Humanitarian Law Applies Equally What the Laws of War Are Not The Laws of War and the Anti-War Movement Part Two The Prohibition on the Use of Force Chapter 2: The Prohibition Laws on the Use of Force Throughout History The Prohibition Under The United Nations Charter Self-Defence United Nations Security Council Approval Wars of National Liberation Toward Another Exception? Part Three The Law of the Hague The Conduct of Hostilities Chapter 3: The Principle of Distinction Targeting of Persons Direct Participation in Hostilities Targeting of Objects Combatant Privilege Obligation of Combatants to Distinguish Themselves Chapter 4: The Principle of Proportionality Chapter 5: Precautions in Attack and in Defence Chapter 6: Means of Warfare Landmines Biological and Chemical Weapons Nuclear Weapons Drones Cyber Warfare Autonomous Weapons Systems Other Conventional Weapons Chapter 7: Methods of Warfare Part Four The Law of Geneva Protection of Persons Hors De Combat and in the Power of the Enemy Chapter 8: Protection of the Wounded, Sick, and Shipwrecked at Sea The Wounded, Sick, and Shipwrecked at Sea Protection of Medical Personnel and Equipment The Distinctive Emblems Chapter 9: Protection of Prisoners of War and Detention in Non-International Armed Conflict Who is Entitled to Protection as a Prisoner of War? Power to Detain Prisoners of War Protection of Prisoners of War While in Detention Detention in Non-International Armed Conflict Chapter 10: Protection of Civilians Fundamental Guarantees Protected Civilians Treatment of Protected Persons on Enemy Territory Internment of Protected Civilians Women, Children, and Families Unlawful Combatants? Chapter 11: The Law of Occupation The Concept of Belligerent Occupation The Legal Order in Occupied Territory Protection of the Civilian Population Part Five International Criminal Law Chapter 12: Development of International Criminal Justice International Criminal Tribunals Through the Years International Criminal Tribunals for the former Yugoslavia and Rwanda Ad Hoc Criminal Tribunals The International Criminal Court Chapter 13: International Crimes Genocide War Crimes Crimes Against Humanity The Crime of Aggression Epilogue
Ben is an experienced lawyer who has practised in Australia and the United Kingdom. He graduated Cum Laude from the Geneva Academy of International Humanitarian Law and Human Rights in 2017. He lives in Perth, Western Australia.
Copyright © Ben Tippett (2021)
The right of Ben Tippett to be identified as author of this work has been asserted by the author in accordance with section 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publishers.
Any person who commits any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.
The story, experiences, and words are author’s alone.
A CIP catalogue record for this title is available from the British Library.
ISBN 9781528977722 (Paperback)
ISBN 9781528977739 (Hardback)
ISBN 9781528977753 (ePub e-book)
www.austinmacauley.com
First Published (2021)
Austin Macauley Publishers Ltd
25 Canada Square
Canary Wharf
London
E14 5LQ
My sincerest thanks to my friend, Jemma Arman, for her tireless work in reviewing and providing comments on this book, a huge effort for which I am forever in her debt. A massive thanks to Tom Ley and Megan Greenwell of Deadspin.com for green-lighting and supporting the series of articles which ultimately formed the basis of this book. A huge thanks, too, to my friend, Hannah Keyser, for giving me my first-ever writing opportunity, a freelance article explaining the sport of cricket, which set off the Rube Goldberg Machine of my writing ‘career’ that ultimately led to this book.
Most of all, from the bottom of my heart, I am thankful to Georgina Baxter for all her love and support during the countless nights and weekends I spent writing this book.
Part One The Laws of War
Chapter 1 The Laws of War
There are laws in war.
While war is often seen as a condition of lawless anarchy, in reality, armed conflicts are governed by some of the most important and consequential laws in all of international law.
Throughout the years, the laws of war have saved the lives, reduced the suffering, and ensured the dignity and freedom of countless millions of people all over the world. These laws benefit both civilians and combatants, strengthen international peace and security, support the rule of law, and promote respect, dignity, and justice.
Civilians bear many of the negative effects of armed conflict, with women and children being disproportionately affected. Rape and sexual violence are perpetrated on a large scale in times of war. Areas affected by conflict see higher levels of poverty and malnutrition, and lack of access to children’s education, food, and water. Situations of violence create huge numbers of refugees and internally displaced persons, destroy critical infrastructure that benefit society, seriously harm the natural environment, and ruin entire economies. The effects of violence breed future violence.
In this book, we will discuss the three core bodies of international law that together can be said to make up the bulk of “the laws of war.” Part Two will discuss the law on the use of force , which determines when it is lawful for an armed group (such as a national military) to use force against the territorial integrity or political independence of a state—in other words, when it is lawful or unlawful to wage war. The bulk of this book (Parts Three and Four) addresses international humanitarian law (IHL), the laws that apply “in” an armed conflict (and completely independently of whether either party to the conflict is fighting a legal or illegal war) to provide protection to all persons affected by war without any adverse distinction. As we’ll see, international humanitarian law provides for fundamentally different rules during the conduct of hostilities (when warring forces are in the midst of military action on the battlefield) and when a person finds themselves in the power of the enemy (such as the wounded and sick, prisoners of war, and civilians in occupied territory). Finally, Part Five will discuss international criminal law , which provides for individual criminal responsibility for the most serious crimes of international concern.
When the laws of war are violated, the external cost of doing so is often minimised. The laws of war provide detailed compliance regimes, but implementation and enforcement mechanisms are comparatively weak, because the nations of the world—led by leaders who may personally be targets for the law’s enforcement—have not collectively pushed for them to be stronger. Sophisticated and powerful national militaries may inadequately train their personnel on the law or fail to ensure its respect, while rebel groups may not have the resources to train their members or ensure respect for the law at all. Powerful rulers and their cronies often commit unspeakable atrocities in war, and may celebrate and endorse criminal acts committed by their underlings in the name of a misplaced national or ethnic ideal. Self-interested militaries often cover up atrocities or extend impunity to wrongdoers.
International criminal law is rapidly developing to break down the walls of sovereignty and impunity, but it is still a comparatively new and evolving area of law.
The nations of the world will only push for higher standards of compliance with the laws of war and for criminal punishment for wrongdoers when it is unacceptable for them not to. A successful push must come from the most powerful nations, who in turn must be driven by a forceful, unrelenting, and unapologetic campaign of public opinion.
Knowledge is power, and that campaign cannot gain critical momentum until the fundamentals of the law are widely understood. You, dear reader, are part of the next generation of change-makers. This book aims to make some small contribution to the fight by giving you a working knowledge of the laws of war, so that as the many armed conflicts rage around the globe, awareness of and basic familiarity with the laws that govern them is spread.
This book aims to explain the laws of war in a narrative manner, rather than in a heavy academic textbook style. However, you are not receiving a dumbed-down or simplified fairy-tale version of the law. The concepts of the laws of war are coherent and intuitive, and the detailed provisions that glue them together are easily understood. We’ll be discussing the exact provisions of the law which are systematically analysed by military and legal personnel all around the world every single day.
The aim of this book is not necessarily that you’ll memorise every relevant legal concept we discuss, or ultimately become a professor in international humanitarian law. Rather, the intent is to arm you with a working knowledge of the principles behind the laws of war, so that you are able to apply that knowledge to real-world issues, to identify violations of the laws of war, and to argue for change in order to ensure protection and respect for people affected by armed conflict all over the world.

The Development of Modern International Humanitarian Law
Rules and conventions lim