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substance. It becomes necessary, therefore, to examine this apparent dichotomy and to introduce any study of the law of armed conflict by considering the nature and legality of war. Before doing so, however. it is as well to bear in mind that Cicero maintained, ‘silent enim leges inter armes . . . Salus populi suprema est lex.’ 2 Clausewitz 3 even went so far as to assert
It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.
General applicability of the law In the light of the preceding chapters it is possible to draw attention to what may be regarded as the basic rules and principles underlying the law of armed conflict on land, at sea or in the air. These rules and principles are applicable regardless of the legality or justness of the conflict, and even if
conference at St Petersburg which drew up a Declaration 84 forbidding the use of any projectile under 400 g weight which was either explosive or charged with fulminating or inflammable substances. This Declaration was of general application and therefore of significance for both land and sea warfare. From the point of view of the development or purpose of the law of armed conflict, the statement adopted explaining the reason for
Cinema has been an object of study for the social sciences for some time now. The relationship between law and cinema has been the subject of a certain number of reflections by jurists who work essentially within a national legal framework, and from the true genre that courtroom movies have become. One can point also to studies linking cinema and international relations. In short, the relationship between international law and cinema has never been the subject of a specific book. The objective of the present book is to show what image of international law and its norms is conveyed in films and series. Beyond a strictly legal analysis, the ambition is to take into account, in a broader perspective marked by interdisciplinarity, the relations between international law, cinema and ideology. The volume is aimed at a readership made of scholars, researchers as well as practitioners, in the field of international law, and related fields, all of whom will benefit from being introduced to a variety of perspectives on core international legal questions present in movies and TV series. Further, the volume can also be used with advanced undergraduate and postgraduate students studying international law, politics and international relations because it will provide the possibility of introducing students to a variety of perspectives on key issues in international law present in movies and TV series.
Classic position Historically, international law is concerned only with the relations between states. As a result, the law of armed conflict developed in relation to inter-state conflicts and was not in any way concerned with conflicts occurring within the territory of any state or with a conflict between an imperial power and a colonial
The difficulties Like other branches of international law, the law of armed conflict has, as such, no permanent means to secure its observance. However. the International Criminal Court established by treaty in 1998 has, for parties to its Statute, 1 jurisdiction over war crimes. Moreover, since it is generally accepted
targets and could thus be lawfully killed falls within the scope of the law of armed conflict, otherwise known as international humanitarian law (IHL), 3 and more specifically under the principle of distinction. Part of the rules regulating the conduct of hostilities, 4 this principle sets out the fundamental distinction between, on the one hand, persons and objects which constitute military objectives and, on the other hand, persons and objects which have a civilian character. 5 While military objectives can be attacked by the adverse party, civilians and civilian
and of those claiming to be outside the conflict. The international law of armed conflict grants rights and imposes duties upon these non-participants, which are known as neutrals and the relevant legal regime as neutrality. 1 So long as the activities of the non-participants do not interfere with the legitimate activities of the belligerents or benefit one at the expense of another, neutrals are
The purpose of armed conflict is to defeat the adverse party. The law of armed conflict permits only such actions as are imperative for this purpose and forbids acts which go beyond it and cause injury to persons or damage to property not essential to achieving that end. 1 The law restricts both the means of waging war and the objects against which such means may be employed, and the basic