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.
provision had been made for the burial costs of either Civil Defence
volunteers or other civilians dying as a result of war operations.9 Civil
servants were coming to realise that, in the age of aerialwarfare, the
bereaved whose loved ones had died as civilians might well feel that
they had cause to expect both financial and practical help from the state
with their burial.
As discussed in Chapter 3, in planning for the devastation that
it was widely anticipated aerialwarfare would bring, the secret
Interdepartmental Burials (Civilians) Committee assumed
We can say only a little about such topics as the
criteria for neutral character, the law relating to loans to belligerents or
the law on prizes in neutral states. Aerialwarfare will receive little
attention, since it has contributed little (as yet) in the way of new
conceptual departures. Also omitted, with regret, is a survey of roots of
neutrality law in ancient Greece and Rome, or in other civilisations. Nor
of warfare, aerialwarfare was to become the
most significant, and most destructive by far of both human lives and
the communities and landscapes within which these were lived.
The development of the aircraft did more than anything else to
damage the long-cherished British belief that being an ‘island nation’
with a powerful navy provided an adequate defence against invasion
and destruction. The use of bombardment from air and sea against
troops and civilians during the Great War meant that Britain was
newly vulnerable to what became widely known as ‘the knockout
practical, they apply to aerialwarfare too. 2 The Hague Rules of
Air Warfare adopted by a Commission of Jurists in 1923 3 have never been
embodied in a treaty, or officially declared to constitute a statement
of the law. However, it is generally agreed that they do in fact
constitute rules of customary law relating to air warfare. 4 In addition,
Protocol I, 1977, for the first time establishes a number of rules
establishment of the Air Raid
Precautions Department within the Home Office in 1935, it unites
military, planning and architectural visions of urban areas to elucidate how aerialwarfare and the urban environment were drawn
together within broader cultures of anxiety. It discusses the development of military theories of strategic bombing and then draws links
to characterisations of urban environments and their inhabitants,
which were central to architectural and planning debates. Aviation
and cities were key markers of modernity which simultaneously
on aerialwarfare. At the Washington Naval Conference of 1922, a
commission of jurists from the five participating states was
appointed to draft codes of rules on two subjects: radiotelegraphy
in war and the conduct of aerialwarfare. The Hague Rules of AerialWarfare, which the commission produced the following year, were
never adopted by states in legally binding form. 46
in Dada historiography, to reassess the contribution of women to this Luddite revolutionary movement, and to foreground its
continuing impact on contemporary artists.
1. See analysis by Iris Müller-Westermann (2008).
2. As Ludger Derenthal (2004: 20) has suggested, Ernst recycled the photograph of
a biplane from a wartime publication used as propaganda material for German
aerialwarfare in a shift from cockpit to coffin, with the aim of exposing the destruction of human lives by modern technology in the First World War.
3. Interview with Sadie Murdoch on
KV2/2001–6. The National Peace Council later appealed for support for his work.
3 Otto Lehmann-Russbueldt [O.L-R], ‘Lebenserinnerungen’, unpublished
typescript, dated London 1940, held by his daughter, Yvonne Wells, p. 119.
4 See ‘AerialWarfare. Secret German Plans’, The Nineteenth Century and After,
July 1934; see also Daily Herald, 28 June 1934. Copies of both articles are in
Lehmann-Russbueldt’s security file.
5 SIS (Valentine Vivian) to MI5 (Capt. Miller), 6 April 1934, headed ‘Otto
Lehmann-Russbueldt, 3 Regent Square, WC 1’, TNA, KV2/2001/1a.
6 MI5 to MI
. Although it is an unofficial
statement, it is generally regarded as expressive of accepted customary
War in the
At the time of the Hague
Conferences it was not appreciated that aerialwarfare might be of major
significance. In fact, the only reference to this type of activity is