Law of war

Law of War

The Law of War (also known as Jus Belli or War Law) is a set of legal norms and principles that govern the conduct of armed conflict, also known as International Humanitarian Law (IHL). It is designed to balance the necessity of war and the suffering it causes, by protecting those who are not participating in the hostilities, and by restricting the means and methods of warfare.

Origins

The origins of the Law of War can be traced back to ancient civilizations. The Mahabharata, an ancient Indian epic, and the Bible both contain references to the rules of war. However, the modern Law of War began to take shape in the 19th century with the Geneva Conventions and the Hague Conventions.

Principles

The Law of War is based on four fundamental principles:

• Distinction: This principle requires parties to distinguish between combatants and non-combatants. It prohibits attacks on civilians, civilian objects, and other non-combatants.

• Proportionality: This principle prohibits attacks that may cause incidental loss of civilian life, injury to civilians, or damage to civilian objects, which would be excessive in relation to the concrete and direct military advantage anticipated.

• Military Necessity: This principle allows for measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by international humanitarian law.

• Humane Treatment: This principle prohibits violence to life and person, in particular murder, mutilation, cruel treatment, and torture. It also prohibits outrages upon personal dignity, in particular humiliating and degrading treatment.

Implementation and Enforcement

The Law of War is enforced through a combination of State Responsibility, International Criminal Law, and Universal Jurisdiction. Violations of the Law of War can result in war crimes prosecutions.

See Also

• War Crime
• Geneva Conventions
• Hague Conventions
• International Humanitarian Law
• International Criminal Court

References

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