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.
Traditionally, international law was
divided into the law of war and the lawofpeace, with no intermediate
stage between. 1 When
hostilities began, usually following a declaration of war, 2 and non-parties to
the conflict were held by the belligerents to be subject to the duties
of, and they claimed the rights pertaining to, neutrals, 3 war was recognised
and the law of war came into operation. Frequently
Lady Liberty and the construction of ‘the New Native’ on currency in Oregon’s colonial period
nations, despite diplomatic promises from the government. America's conception of democracy, however, is based on the biased interpretation of structures of the Haudenosaunee Confederacy and a specific symbolic wampum belt, made of hundreds of pieces of wampum (quahog and whelk shells that also served as currency) woven into elaborate forms (Shell 2013 ). As depicted in their Great LawofPeace wampum belt, there is an agreement that their Confederacy respects the liberties of each of the Mohawk, Onondaga, Oneida, Cayuga and Seneca clans. Notably, America's so
most relevant for this study, see Newman ,
‘The “New Wars”
Debate’ , 173–89 ;
Bell , On the LawofPeace: Peace Agreements and the Lex
Pacificatoria ( Oxford , 2008 ), esp. 17 ; Christopher
Clapham , ‘Rwanda: The Perils of
Peacemaking’ , Journal
up to regulate conduct during armed conflict.
However, on some occasions the parties to a conflict do not intend
complete severance to take place and then some of their relations remain
subject to the international lawofpeace, as was the situation between
the United Kingdom and Egypt during the Suez operations of 1956, when
the Prime Minister of Great Britain maintained that there was no
would be at stake’. 137 How can the notion
of peace be revived and developed in international law so that it can be
sustained in a more positive way?
International law texts before 1945 distinguished between
the laws of war and the lawsofpeace. 138 While war was regarded as an appropriate
instrument of international relations, the laws of war were concerned
with the rights and obligations of
The Gothic legacy of Shakespeare’s Wars of the Roses
mutual implication of war and politics. ‘War is the motor
behind institutions and order’, he explains, with the civil
lawofpeace itself a coded war:
therefore at war with one another; a battlefront runs
through the whole of society, continuously and permanently,
and it is this
Illinois University Press, 1974),
67–112; T. Todorov, The Conquest of America: The Question of the
Other (New York: Harper Perennial, 1992, translated from the French by R.
Howard) , 151–7, 186–90.
C. van Vollenhoven, The LawofPeace (London:
Macmillan, 1936), 61–3; Elbe, ‘The Evolution of the Concept of the
Just War in International Law’, 674–5; Nussbaum, ‘Just War
– A Legal
J. L. Brierly, The Law of Nations: An Introduction to the
International LawofPeace (Oxford: Clarendon Press, 1936, 2nd edition)
R. Redslob, Traité de droit de gens (Paris:
Librairie du Recueil Sirey, 1950), 23–4.
K. Strupp, ‘Le règles
international to regulate war. See Simon
Chesterman, Just War or Just Peace?:
Humanitarian Intervention and International Law
UN Charter, supra
Chapter 1 , note 7, art. 14.
Id. , art. 1(1).
Bell’s book reflects one of the most
successful attempts to define a “lawofpeace” among
international treaties and international ’
principles. See Christine Bell, On the Law