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The law of war is the component of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
that regulates the conditions for initiating war ('' jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war;
military necessity Military necessity, along with distinction, and proportionality, are three important principles of international humanitarian law governing the legal use of force in an armed conflict. Attacks Military necessity is governed by several constra ...
, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war.


Early sources and history

The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of conduct in the event of war: In ancient India, the
Mahabharata The ''Mahābhārata'' ( ; sa, महाभारतम्, ', ) is one of the two major Sanskrit epics of ancient India in Hinduism, the other being the '' Rāmāyaṇa''. It narrates the struggle between two groups of cousins in the K ...
and the texts of Manou's law urged mercy on unarmed or wounded enemies. The
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus ...
and the Qur'an also contain rules of respect for the adversary. It is always a matter of establishing rules that protect civilians and the defeated. Attempts to define and regulate the conduct of individuals, nations, and other agents in war and to mitigate the worst effects of war have a long history. The earliest known instances are found in the
Mahabharata The ''Mahābhārata'' ( ; sa, महाभारतम्, ', ) is one of the two major Sanskrit epics of ancient India in Hinduism, the other being the '' Rāmāyaṇa''. It narrates the struggle between two groups of cousins in the K ...
and the Old Testament (
Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the ...
). In the Indian subcontinent, the Mahabharata describes a discussion between ruling brothers concerning what constitutes acceptable behavior on a battlefield, an early example of the rule of proportionality: An example from the Book of Deuteronomy 20:19–20 limits the amount of environmental damage, allowing only the cutting down of non-fruitful trees for use in the siege operation, while fruitful trees should be preserved for use as a food source: Also, Deuteronomy 20:10–12 requires the Israelites to make an offer of conditioned peace to the opposing party before laying siege to their city, taking the population as servants and forced-laborers instead, shall they accept the offer. Similarly, Deuteronomy 21:10–14 requires that female captives who were forced to marry the victors of a war, then not desired anymore, be let go wherever they want, and requires them not to be treated as slaves nor be sold for money: In the early 7th century, the first Sunni Muslim
caliph A caliphate or khilāfah ( ar, خِلَافَة, ) is an institution or public office under the leadership of an Islamic steward with the title of caliph (; ar, خَلِيفَة , ), a person considered a political-religious successor to th ...
, Abu Bakr, whilst instructing his Muslim army, laid down rules against the mutilation of corpses, killing children, females and the elderly. He also laid down rules against environmental harm to trees and slaying of the enemy's animals: Furthermore, Sura Al-Baqarabr>2:190–193
of the
Quran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , ...
requires that in combat Muslims are only allowed to strike back in
self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
against those who strike against them, but, on the other hand, once the enemies cease to attack, Muslims are then commanded to stop attacking: In the history of the early Christian church, many Christian writers considered that Christians could not be soldiers or fight wars. Augustine of Hippo contradicted this and wrote about ' just war' doctrine, in which he explained the circumstances when war could or could not be morally justified. In 697, Adomnan of Iona gathered Kings and church leaders from around Ireland and Scotland to Birr, where he gave them the ' Law of the Innocents', which banned killing women and children in war, and the destruction of churches. In medieval Europe, the
Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
also began promulgating teachings on just war, reflected to some extent in movements such as the Peace and Truce of God. The impulse to restrict the extent of warfare, and especially protect the lives and property of
non-combatant Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligere ...
s continued with Hugo Grotius and his attempts to write laws of war. One of the grievances enumerated in the American Declaration of Independence was that King George III "has endeavoured to bring on the inhabitants of our frontiers the merciless Indian Savages whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions".


Modern sources

The modern law of war is made up from three principal sources: * ''Lawmaking treaties'' (or ''conventions'')—see § International treaties on the laws of war below. * ''Custom''. Not all the law of war derives from or has been incorporated in such treaties, which can refer to the continuing importance of customary law as articulated by the
Martens Clause The Martens Clause ( pronounced ) was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land. __NOTOC__ The clause took its name from a declaration read by Friedrich Martens, the delegate of Russia at ...
. Such customary international law is established by the general practice of nations together with their acceptance that such practice is required by law. * ''General Principles''. "Certain fundamental principles provide basic guidance. For instance, the principles of distinction, proportionality, and necessity, all of which are part of customary international law, always apply to the use of armed force". Positive international humanitarian law consists of treaties (international agreements) that directly affect the laws of war by binding consenting nations and achieving widespread consent. The opposite of positive laws of war is customary laws of war, many of which were explored at the Nuremberg War Trials. These laws define both the ''permissive'' rights of states as well as ''prohibitions'' on their conduct when dealing with irregular forces and non-signatories. The Treaty of Armistice and Regularization of War signed on November 25 and 26, 1820 between the president of the Republic of Colombia, Simón Bolívar and the Chief of the Military Forces of the Spanish Kingdom, Pablo Morillo, is the precursor of the International Humanitarian Law. The Treaty of Guadalupe Hidalgo, signed and ratified by the United States and Mexico in 1848, articulates rules for any future wars, including protection of civilians and treatment of prisoners of war. The
Lieber Code The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated ...
, promulgated by the Union during the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
, was critical in the development of the laws of land warfare. Historian Geoffrey Best called the period from 1856 to 1909 the law of war's "epoch of highest repute." The defining aspect of this period was the establishment, by states, of a positive legal or legislative foundation (i.e., written) superseding a regime based primarily on religion, chivalry, and customs. It is during this "modern" era that the international conference became the forum for debate and agreement between states and the "multilateral treaty" served as the positive mechanism for codification. In addition, the Nuremberg War Trial judgment on "The Law Relating to War Crimes and Crimes Against Humanity" held, under the guidelines Nuremberg Principles, that treaties like the Hague Convention of 1907, having been widely accepted by "all civilised nations" for about half a century, were by then part of the customary laws of war and binding on all parties whether the party was a signatory to the specific treaty or not. Interpretations of international humanitarian law change over time and this also affects the laws of war. For example, Carla Del Ponte, the chief prosecutor for the International Criminal Tribunal for the former Yugoslavia pointed out in 2001 that although there is no specific treaty ban on the use of depleted uranium projectiles, there is a developing scientific debate and concern expressed regarding the effect of the use of such projectiles and it is possible that, in future, there may be a consensus view in international legal circles that use of such projectiles violates general principles of the law applicable to use of weapons in armed conflict. This is because in the future it may be the consensus view that depleted uranium projectiles breach one or more of the following treaties: The Universal Declaration of Human Rights; the
Charter of the United Nations The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
; the
Genocide Convention The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It wa ...
; the United Nations Convention Against Torture; the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
including Protocol I; the
Convention on Conventional Weapons The United Nations Convention on Certain Conventional Weapons (CCW or CCWC), concluded at Geneva on October 10, 1980, and entered into force in December 1983, seeks to prohibit or restrict the use of certain conventional weapons which are consid ...
of 1980; the Chemical Weapons Convention; and the
Convention on the Physical Protection of Nuclear Material The Convention on the Physical Protection of Nuclear Material was adopted on 26 October 1979 in Vienna, Austria. The initial signing ceremony took place in Vienna and at New York on 3 March 1980, and the convention entered into force on 8 Februar ...
.


Purposes of the laws

It has often been commented that creating laws for something as inherently lawless as war seems like a lesson in absurdity. But based on the adherence to what amounted to customary international law by warring parties through the ages, it was believed that codifying laws of war would be beneficial. Some of the central principles underlying laws of war are: * Wars should be limited to achieving the political goals that started the war (e.g., territorial control) and should not include unnecessary destruction. * Wars should be brought to an end as quickly as possible. * People and property that do not contribute to the war effort should be protected against unnecessary destruction and hardship. To this end, laws of war are intended to mitigate the hardships of war by: * Protecting both combatants and
non-combatant Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligere ...
s 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, children, and
civilians Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not " combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant ...
. * Facilitating the restoration of peace. The idea that there is a right to war concerns, on the one hand, the jus ad bellum, the right to make war or to enter war, assuming a motive such as to defend oneself from a threat or danger, presupposes a declaration of war that warns the adversary: war is a loyal act, and on the other hand, jus in bello, the law of war, the way of making war, which involves behaving as soldiers invested with a mission for which all violence is not allowed. In any case, the very idea of a right to war is based on an idea of war that can be defined as an armed conflict, limited in space, limited in time, and by its objectives. War begins with a declaration (of war), ends with a treaty (of peace) or surrender agreement, an act of sharing, etc.


Principles of the laws of war

''
Military necessity Military necessity, along with distinction, and proportionality, are three important principles of international humanitarian law governing the legal use of force in an armed conflict. Attacks Military necessity is governed by several constra ...
,'' along with '' distinction,'' '' proportionality,'' ''
humanity Humanity most commonly refers to: * Humankind the total population of humans * Humanity (virtue) Humanity may also refer to: Literature * ''Humanity'' (journal), an academic journal that focuses on human rights * ''Humanity: A Moral History of t ...
'' (sometimes called unnecessary suffering), and '' honor '' (sometimes called chivalry) are the five most commonly cited principles of international humanitarian law governing the legal use of force in an armed conflict. ''Military necessity'' is governed by several constraints: an attack or action must be intended to help in the defeat of the enemy; it must be an attack on a legitimate military objective,Article 52 of Additional Protocol I to the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
provides a widely accepted definition of military objective: "In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage." (Source: )
and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated. ''Distinction'' is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and civilians.Civilian in this instance means civilians who are
non-combatant Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligere ...
s and not members of the military. Article 51.3 of Protocol I to the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".
''Proportionality'' is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must make sure that the harm caused to civilians or civilian property is not excessive in relation to the concrete and direct military advantage expected by an attack on a legitimate military objective. ''Humanity''. This principle is based in the Hague Conventions restrictions against using arms, projectiles, or materials calculated to cause suffering or injury manifestly disproportionate to the military advantage realized by the use of the weapon for legitimate military purposes. In some countries, like the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, weapons are reviewed prior to their use in combat to determine if they comply with the law of war and are not designed to cause unnecessary suffering when used in their intended manner. This principle also prohibits using an otherwise lawful weapon in a manner that causes unnecessary suffering. ''Honour'' is a principle that demands a certain amount of fairness and mutual respect between adversaries. Parties to a conflict must accept that their right to adopt means of injuring each other is not unlimited, they must refrain from taking advantage of the adversary's adherence to the law by falsely claiming the law's protections, and they must recognize that they are members of a common profession that fights not out of personal hostility but on behalf of their respective States.


Example substantive laws of war

To fulfill the purposes noted above, the laws of war place substantive limits on the lawful exercise of a belligerent's power. Generally speaking, the laws require that belligerents refrain from employing violence that is not reasonably necessary for military purposes and that belligerents conduct hostilities with regard for the principles of
humanity Humanity most commonly refers to: * Humankind the total population of humans * Humanity (virtue) Humanity may also refer to: Literature * ''Humanity'' (journal), an academic journal that focuses on human rights * ''Humanity: A Moral History of t ...
and chivalry. However, because the laws of war are based on consensus, the content and interpretation of such laws are extensive, contested, and ever-changing. The following are particular examples of some of the substance of the laws of war, as those laws are interpreted today.


Declaration of war

Section III of the Hague Convention of 1907 required hostilities to be preceded by a reasoned declaration of war or by an ultimatum with a conditional declaration of war. Some treaties, notably the United Nations Charter (1945) Article 2, and other articles in the Charter, seek to curtail the right of member states to declare war; as does the older
Kellogg–Briand Pact The Kellogg–Briand Pact or Pact of Paris – officially the General Treaty for Renunciation of War as an Instrument of National Policy – is a 1928 international agreement on peace in which signatory states promised not to use war to ...
of 1928 for those nations who ratified it. Formal declarations of war have been uncommon since 1945 outside the Middle East and East Africa.


Lawful conduct of belligerent actors

Modern laws of war regarding conduct during war (''jus in bello''), such as the 1949 Geneva Conventions, provide that it is unlawful for belligerents to engage in combat without meeting certain requirements. Article 4(a)(2) of the ''Geneva Convention relative to the Treatment of Prisoners of War'' provides that Lawful Combatants are required *(a) That of being commanded by a person responsible for his subordinates; *(b) That of having a fixed distinctive sign recognizable at a distance; *(c) That of carrying arms openly; and *(d) That of conducting their operations in accordance with the laws and customs of war. Impersonating enemy combatants by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy, as is the taking of hostages. Combatants also must be commanded by a responsible officer. That is, a commander can be held liable in a court of law for the improper actions of their subordinates. There is an exception to this if the war came on so suddenly that there was no time to organize a resistance, e.g. as a result of a
foreign occupation Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
.


People parachuting from an aircraft in distress

Modern laws of war, specifically within Protocol I additional to the 1949 Geneva Conventions, prohibits attacking people parachuting from an aircraft in distress regardless of what territory they are over. Once they land in territory controlled by the enemy, they must be given an opportunity to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. This prohibition does not apply to the dropping of airborne troops, special forces,
commandos Royal Marines from 40 Commando on patrol in the Sangin">40_Commando.html" ;"title="Royal Marines from 40 Commando">Royal Marines from 40 Commando on patrol in the Sangin area of Afghanistan are pictured A commando is a combatant, or operativ ...
, spies,
saboteurs Sabotage is a deliberate action aimed at weakening a polity, effort, or organization through subversion, obstruction, disruption, or destruction. One who engages in sabotage is a ''saboteur''. Saboteurs typically try to conceal their identitie ...
, liaison officers, and intelligence agents. Thus, such personnel descending by parachutes are legitimate targets and, therefore, may be attacked, even if their aircraft is in distress.


Red Cross, Red Crescent, Magen David Adom, and the white flag

Modern laws of war, such as the 1949 Geneva Conventions, also include prohibitions on attacking doctors,
ambulance An ambulance is a medically equipped vehicle which transports patients to treatment facilities, such as hospitals. Typically, out-of-hospital medical care is provided to the patient during the transport. Ambulances are used to respond to med ...
s or hospital ships displaying a Red Cross, a Red Crescent, Magen David Adom, Red Crystal, or other emblem related to the International Red Cross and Red Crescent Movement. 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, people protected by the Red Cross/Crescent/Star or white flag are expected to maintain neutrality, and may not engage in warlike acts. In fact, engaging in war activities under a protected symbol is itself a violation of the laws of war known as perfidy. Failure to follow these requirements can result in the loss of protected status and make the individual violating the requirements a lawful target.


Applicability to states and individuals

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. Parties are bound by the laws of war to the extent that such compliance does not interfere with achieving legitimate military goals. For example, they are obliged to make every effort to avoid damaging people and property not involved in combat or the war effort, but they are not guilty of a war crime if a bomb mistakenly or incidentally hits a residential area. By the same token, combatants that ''intentionally'' use protected people or property as
human shields A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it. The use of human shields as a resistance measure was popula ...
or
camouflage Camouflage is the use of any combination of materials, coloration, or illumination for concealment, either by making animals or objects hard to see, or by disguising them as something else. Examples include the leopard's spotted coat, the b ...
are guilty of violations of the laws of war and are responsible for damage to those that should be protected.


Mercenaries

The use of contracted combatants in warfare has been an especially tricky situation for the laws of war. Some scholars claim that private security contractors appear so similar to state forces that it is unclear if acts of war are taking place by private or public agents.
International law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
has yet to come to a consensus on this issue.


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. After a conflict ends, persons who have committed or ordered any breach of the laws of war, especially atrocities, may be held individually accountable for war crimes through process of law. Also, nations that signed the Geneva Conventions are required to search for, then try and punish, anyone who has committed or ordered certain "grave breaches" of the laws of war. ( Third Geneva Convention, Article 129 and Article 130.) Combatants who break specific provisions of the laws of war are termed unlawful combatants. Unlawful combatants who have been captured may lose the status and protections that would otherwise be afforded to them as prisoners of war, but only after a " competent tribunal" has determined that they are not eligible for POW status (e.g., Third Geneva Convention, Article 5.) At that point, an unlawful combatant may be interrogated, tried, imprisoned, and even executed for their violation of the laws of war pursuant to the domestic law of their captor, but they are still entitled to certain additional protections, including that they be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial." ( Fourth Geneva Convention Article 5.)


International treaties on the laws of war

List of declarations, conventions, treaties, and judgments on the laws of war: * 1856 Paris Declaration Respecting Maritime Law abolished privateering. * 1863
United States military The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is ...
adopts the
Lieber Code The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated ...
, a compilation of extant international norms on the treatment of civilians assembled by German scholar
Franz Lieber Francis Lieber (March 18, 1798 or 1800 – October 2, 1872), known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an '' Encyclopaedia Americana''. He was the author of the Lieber Code du ...
. * 1864
Geneva Convention upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. * 1868 St. Petersburg Declaration Renouncing the Use of Explosive projectiles Under 400  grams Weight. * 1874 Project of an International Declaration concerning the Laws and Customs of War (
Brussels Declaration Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
). Signed in Brussels 27 August. This agreement never entered into force, but formed part of the basis for the codification of the laws of war at the 1899
Hague Peace Conference The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
.Brussels Conference of 1874
ICRC cites D. Schindler and J. Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp. 22–34.
* 1880 Manual of the Laws and Customs of War at
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. At its session in Geneva in 1874 the Institute of International Law appointed a committee to study the ''Brussels Declaration'' of the same year and to submit to the Institute its opinion and supplementary proposals on the subject. The work of the Institute led to the adoption of the Manual in 1880 and it went on to form part of the basis for the codification of the laws of war at the 1899 Hague Peace Conference. * 1899 Hague Conventions consisted of three main sections and three additional declarations: ** I – Pacific Settlement of International Disputes ** II – Laws and Customs of War on Land ** III – Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864 ** Declaration I – On the Launching of Projectiles and Explosives from Balloons ** Declaration II – On the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases ** Declaration III – On the Use of Bullets Which Expand or Flatten Easily in the Human Body * 1907 Hague Conventions had thirteen sections, of which twelve were ratified and entered into force, and two declarations: ** I – The Pacific Settlement of International Disputes ** II – The Limitation of Employment of Force for Recovery of Contract Debts ** III – The Opening of Hostilities ** IV – The Laws and Customs of War on Land ** V – The Rights and Duties of Neutral Powers and Persons in Case of War on Land ** VI – The Status of Enemy Merchant Ships at the Outbreak of Hostilities ** VII – The Conversion of Merchant Ships into War-ships ** VIII – The Laying of Automatic Submarine Contact Mines ** IX – Bombardment by Naval Forces in Time of War ** X – Adaptation to Maritime War of the Principles of the Geneva Convention ** XI – Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War ** XII – The Creation of an International Prize Court ot Ratified ** XIII – The Rights and Duties of Neutral Powers in Naval War ** Declaration I – extending Declaration II from the 1899 Conference to other types of aircraft ** Declaration II – on the obligatory arbitration * 1909
London Declaration concerning the Laws of Naval War The London Declaration concerning the Laws of Naval War is an international code of maritime law, especially as it relates to wartime activities, proposed in 1909 at the London Naval Conference by the leading European naval powers, the United Sta ...
largely reiterated existing law, although it showed greater regard to the rights of neutral entities. Never went into effect. * 1922 The Washington Naval Treaty, also known as the ''Five-Power Treaty'' (6 February) * 1923 Hague Draft Rules of Aerial Warfare. Never adopted in a legally binding form. * 1925 Geneva protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. * 1927–1930 Greco-German arbitration tribunal * 1928 Kellogg-Briand Pact (also known as the ''Pact of Paris'') * 1929 Geneva Convention, Relative to the treatment of prisoners of war. * 1929 Geneva Convention on the amelioration of the condition of the wounded and sick * 1930 Treaty for the Limitation and Reduction of Naval Armament (22 April) * 1935
Roerich Pact The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments or Roerich Pact is an inter-American treaty. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is ...
* 1936
Second London Naval Treaty The Second London Naval Treaty was an international treaty signed as a result of the Second London Naval Disarmament Conference held in London, the United Kingdom. The conference started on 9 December 1935 and the treaty was signed by the pa ...
(25 March) * 1938 Amsterdam Draft Convention for the Protection of Civilian Populations Against New Engines of War. This convention was never ratified. * 1938
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...
declaration for the "Protection of Civilian Populations Against Bombing From the Air in Case of War" * 1945 United Nations Charter (entered into force on October 24, 1945) * 1946 Judgment of the International Military Tribunal at Nuremberg * 1947 Nuremberg Principles formulated under
UN General Assembly Resolution 177 UN General Assembly Resolution 177, 21 November 1947 - Formulation of the principles recognised in the London Charter of the Nuremberg Tribunal The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germ ...
, 21 November 1947 * 1948
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
Convention on the Prevention and Punishment of the Crime of Genocide * 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field * 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea * 1949 Geneva Convention III Relative to the Treatment of Prisoners of War * 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War * 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict * 1971 Zagreb Resolution of the Institute of International Law on Conditions of Application of Humanitarian Rules of Armed Conflict to Hostilities in which the United Nations Forces May be Engaged * 1974 United Nations
Declaration on the Protection of Women and Children in Emergency and Armed Conflict The Declaration on the Protection of Women and Children in Emergency and Armed Conflict was adopted by the United Nations in 1974 and went into force the same year. It was proposed by the United Nations Economic and Social Council, on the grounds ...
* 1977 United Nations Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques * 1977 Geneva Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts * 1977
Geneva Protocol II Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''non-international'' armed conflicts. It defines certain international laws that strive to provide better protection for victims o ...
Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts * 1978 Red Cross Fundamental Rules of International Humanitarian Law Applicable in Armed Conflicts * 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW) ** 1980 Protocol I on Non-Detectable Fragments ** 1980 Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ** 1980 Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons ** 1995 Protocol IV on Blinding Laser Weapons ** 1996 Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices **
Protocol on Explosive Remnants of War The Protocol on Explosive Remnants of War is an international treaty concluded in Geneva in 2003 that aims to limit the impact of cluster bombs and other unexploded devices on civilian populations after a conflict ends. It is the fifth Protocol to ...
(Protocol V to the 1980 Convention), 28 November 2003 (entered into force 12 November 2006) * 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea * 1994 ICRC/UNGA Guidelines for Military Manuals and Instructions on the Protection of the Environment in Time of Armed Conflict * 1994 UN Convention on the Safety of United Nations and Associated Personnel. * 1996 The
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
advisory opinion An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some co ...
on the Legality of the Threat or Use of Nuclear Weapons * 1997 Ottawa Treaty - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction * 1998 Rome Statute of the International Criminal Court (entered into force 1 July 2002) * 2000 Optional Protocol on the Involvement of Children in Armed Conflict (entered into force 12 February 2002) * 2005 Geneva Protocol III Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem * 2008
Convention on Cluster Munitions The Convention on Cluster Munitions (CCM) is an international treaty that prohibits all use, transfer, production, and stockpiling of cluster bombs, a type of explosive weapon which scatters submunitions ("bomblets") over an area. Additionally, ...
(entered into force 1 August 2010) * 2017 Treaty on the Prohibition of Nuclear Weapons (entered into force 22 January 2021)


See also

* Arms control (includes list of treaties) * Command responsibility * Crimes against humanity * Customary international humanitarian law *
Debellatio The term "debellatio" or "debellation" ( Latin "defeating, or the act of conquering or subduing", literally, "warring (the enemy) down", from Latin ''bellum'' "war") designates the end of war caused by complete destruction of a hostile state. Isra ...
*
International law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
*
Islamic military jurisprudence Islamic military jurisprudence refers to what has been accepted in Sharia (Islamic law) and Fiqh (Islamic jurisprudence) by ''Ulama'' (Islamic scholars) as the correct Islamic manner, expected to be obeyed by Muslims, in times of war. Some schola ...
* '' Journal of International Law of Peace and Armed Conflict'' * '' Jus post bellum'' *
Law of occupation Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
* Law of the Sea * Lawfare * '' Lex pacificatoria'' *
List of Articles of War The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The first known usage of the phrase is in Robert Monro's 1637 work ''His expedition with the worthy Scot's regiment called Mac- ...
* List of weapons of mass destruction treaties * Right of conquest * Rule of Law in Armed Conflicts Project (RULAC) * Self-defence in international law * Targeted killing *
Total war Total war is a type of warfare that includes any and all civilian-associated resources and infrastructure as legitimate military targets, mobilizes all of the resources of society to fight the war, and gives priority to warfare over non-com ...
* War crime, an act that amounts to a violation of the law of war


Notes


References


Citations


General sources

* * * * * * * *


Further reading

* Witt, John Fabian. ''Lincoln's Code: The Laws of War in American History'' (Free Press; 2012) 498 pages; on the evolution and legacy of a code commissioned by President Lincoln in the Civil War


External links


War & law index
��International Committee of the Red Cross website
International Law of War Association

The European Institute for International Law and International Relations
* Th
Rule of Law in Armed Conflicts Project

Law of War Manual
U.S. Department of Defense (2015, updated December 2016) {{DEFAULTSORT:Laws Of War War