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| | Laws of war - Wikipedia, the free encyclopedia |
 | | 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. | | | It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniform or other easily identifiable badge and the carrying of weapons openly. | | | After a conflict has ended, 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. |
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http://en.wikipedia.org/wiki/Laws_of_war
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| | U.S. Army Field Manual provisions relating to the law of war. |
| | Violations of the law of war committed by persons subject to military law of the United States will usually constitute violations of the Uniform Code of Mlitary Justice and, if so, will be prosecuted under that Code.... | | | The punishment imposed for a violation of the law of war must be proportionate to the gravity of the offense. | | | The death penalty may be imposed for grave breaches of the law.... |
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http://www.law.umkc.edu/faculty/projects/ftrials/mylai/fieldman.html
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| | The Laws of War on Land, 1880 |
| | Offenders against the laws of war are liable to the punishments specified in the penal law. | | | Prisoners of war may be released in accordance with a cartel of exchange, agreed upon by the belligerent parties. | | | In the contrary case, the criminal law is powerless, and, if the injured party deem the misdeed so serious in character as to make it necessary to recall the enemy to a respect for law, no other recourse than a resort to reprisals remains. |
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http://www.lib.byu.edu/~rdh/wwi/1914m/land1880.html
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| | The Avalon Project - Laws of War : Laws and Customs of War on Land (Hague II); July 29, 1899 |
| | Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted. | | | It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other. | | | Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways. |
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http://www.yale.edu/lawweb/avalon/lawofwar/hague02.htm
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| | Iraq and the Laws of War : SF Indymedia |
| | Under the laws of war, sovereignty is never transferred from the defeated sovereign such as Iraq to a belligerent occupant such as the United States. | | | This duplicitous behavior violated the customary international laws of war set forth in the 1907 Hague Convention on the Opening of Hostilities to which the United States is still a contracting party, as evidenced by paragraphs 20, 21, 22, and 23 of U.S. Army Field Manual 27-10 (1956). | | | Any violation of the laws of war, international humanitarian law, and human rights committed by its puppet Interim Government of Iraq are legally imputable to the United States government. |
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http://sf.indymedia.org/news/2005/12/1723328.php
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| | Fighting Fair By David Greenberg |
| | But in the end international courts proved as feckless as national courts in enforcing the laws of war. | | | The Bosnian and Rwandan genocides of the 1990s did lead the United Nations in 1993 and 1994 to set up courts for trying the perpetrators of those crimes, and in 1998, 120 nations (the United States not among them) agreed to establish a permanent international court. | | | His influential 1625 work On the Laws of War and Peace argued that there exist natural laws, independent of any individual state's legal system, that are apparent to human reason and should prevail even during hostilities. |
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http://www.slate.com/id/2060816
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| | news-miscon |
| | Under humanitarian law no one who has been detained, including an "unlawful combatant," may in any way be subjected to acts prohibited by the Conventions such as murder, violence to life and person, torture or inhumane treatment, or outrages upon personal dignity; nor may they be denied the right to a fair trial. | | | In sum, each situation of organized armed violence must be examined in the specific context in which it takes place and be legally qualified either as war or not, depending on the factual circumstances. | | | There is, however, nothing in the Convention that would for, example, prohibit the interrogation of a POW suspected of war crimes. |
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http://www.crimesofwar.org/onnews/news-miscon.html
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| | laws of war: Modern Laws of War |
| | There is no convention on the laws of war to which all the major powers of the world have acceded, and many conventions provide that their terms shall be inoperative if any of the belligerents is not a signatory or if an enemy commits a violation. | | | The United States military and the law of war: inculcating an ethos.(International Justice, War Crimes, and Terrorism: The U.S. Record) | | | Humanitarian law and the environment.(Statute of the International Criminal Court; environmental damage caused by war) |
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http://www.infoplease.com/ce6/society/A0861856.html
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| | B'Tselem - International humanitarian law (laws of war) |
| | International law contains a system of rules referred to as the "laws of war." These rules establish the red lines that a combatant or occupying state may not cross. | | | In addition, humanitarian law contains provisions restricting the arms that may be used during the conflict. | | | The Convention also protects children by ensuring maintenance of relations between family members who have been separated as a result of war, protects property, provides safeguards for detainees and prisoners, and states many other protections. |
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http://www.btselem.org/English/International_Law/Humanitarian_Law.asp
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| | [No title] |
| | or otherwise, it is not a breach against the law and usages of war, requiring redress or retaliation. | | | A traitor under the law of war, or a war-traitor, is a person in a place or district under Martial Law who, | | | Prisoners of war may be released from captivity by exchange, and, under certain circumstances, also by parole. |
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http://www1.umn.edu/humanrts/instree/1863a.htm
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| | LRB Michael Byers : The Laws of War, US-Style |
| | As war approaches, we should insist that the United States uphold the strict standards of international humanitarian law, not because it is expedient, but because it is the right thing to do. | | | Hoon's advisers would do better to direct him to the rules concerning belligerent reprisals: actions that would normally be violations of international humanitarian law but which become legally justifiable when taken in response to violations of the law by the other side. | | | The purpose of reprisals is to deter further violations; the possibility of their use is often pointed to as the reason countries comply with international humanitarian law. |
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http://www.lrb.co.uk/v25/n04/byer01_.html
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| | The laws of war - Editorials/Op-Ed - The Washington Times, America's Newspaper |
| | The fact of the matter was that the case dealt with something entirely outside the scope of civil government, a violation of the laws of war. | | | We are all familiar with the usual division of military jurisdiction into three headings, military law, military government and martial law, a classification which first made its appearance in the concurring opinion in the Milligan case. | | | And it was not a matter of martial law, or martial rule, because no government was being carried on by military agencies and no civil agencies were superseded. |
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http://washingtontimes.com/op-ed/20060327-091534-2682r.htm
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| | The Laws of War and Just War Theory |
| | Retortion is a legal measure to punish an unfriendly act, and typically occurs after a conflict, as in the case of denial of economic aid. | | | By definition, customary law consists of all the permissive rights and prohibitions that have been the consistent practice of states over the years. | | | Before one can fully comprehend the laws of war, one must understand war, the many issues involved in defining it, and the various academic and professional perspectives on it. |
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http://faculty.ncwc.edu/toconnor/430/430lect05.htm
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| | The laws of war - The Washington Times: Editorials/OP-ED |
| | All of this provides far more process than is required by the traditional laws of war in such cases and more than would be required by the Geneva Prisoner of War Convention, if that treaty applied here. | | | They should either concede that both law and reason have been fully satisfied with respect to Guantanamo, or openly admit that they simply do not accept that September 11 and al Qaeda's numerous other attacks on Americans and American interests overseas qualified as acts of war. | | | Nevertheless, the screening process afforded by the United States is more than sufficient to meet the Geneva Article V requirement that a detainee's status be determined by a "competent tribunal" in cases of doubt. |
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http://washingtontimes.com/op-ed/20040225-090230-2750r.htm
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| | FindLaw's Writ - Dworkin: Revising the Laws of War to Account for Terrorism |
| | One solution would be to reaffirm the traditional legal framework, restricting the notion of "armed conflict" to cases clearly acknowledged in the written law. | | | State Constitutions · State Codes · Case Law | | | The strangeness of the U.S. position, under current international law, thus is plain. |
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http://writ.news.findlaw.com/commentary/20030204_dworkin.html
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| | Goodbye, Geneva By Phillip Carter |
| | It's time to rewrite the laws of war. | | | Likewise, Article 33 proscribes the use of collective punishment, and Article 34 states plainly that "[t]he taking of hostages is prohibited." Similarly, international law and U.S. law clearly prohibit torture, whether for intelligence purposes or not. | | | So now both the United States and its enemies are defending breaches of international law on the grounds of necessity. |
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http://www.slate.com/id/2105596
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| | NPR : Will Terrorism Rewrite the Laws of War? |
| | The law led to scores of suits filed against war criminals living in the United States. | | | In addition to ratifying the Geneva Conventions, in 1950 the United States incorporated the rules into the Uniform Code of Military Justice, the laws that govern the nation's armed services, and into the Army's field manuals, which detail proper procedures for interrogating prisoners. | | | To address torture committed outside the country, Congress also passed parallel legislation: The Torture Victims Protection Act of 1991, which gave torture victims the right to bring civil claims against their tormentors in U.S. courts even if the crimes were carried out on foreign soil. |
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http://www.npr.org/templates/story/story.php?storyId=5011464
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| | US breaks the laws of war, by Olivier Audeoud |
| | Amang all these uncertainties, one thing is clear: the US is in breach of international law and its obligations under the Geneva Convention. | | | The refusal to apply the convention inevitably means that the prisoners have no rights and this in turn gives the US authorities carte blanche to interrogate them in whatever way they wish. | | | According to the definition given in the protocol, a mercenary is "motivated essentially by the desire for private gain" but that does not appear to apply in this case. |
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http://mondediplo.com/2002/04/08breach
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| | The Belmont Club: The Laws of War |
| | Good civil law is likely to make for bad military law. | | | John Keegan (hat tip: Glenn Reynolds) argues that Bad law is making a Just War so much harder to fight: not always, but sometimes, and argues that the court martial system would provide better justice than civilian law. | | | Keegan might have added that the forms of war, much more than the letter of the law, provided the greatest extent of protection to the noncombatants. |
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http://fallbackbelmont.blogspot.com/2005/06/laws-of-war.html
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| | Warblogging.com: US Violates Laws of War — Read in the White House |
| | The United States has both signed and ratified the Geneva Convention relative to the Treatment of Prisoners of War and is legally bound by it. | | | This work is licensed under a Creative Commons License. | | | As such, according to the United States Constitution, they are "the supreme Law of the Land." Treaties signed and ratified by the United States of America supersede all law of the United States with the exception of the Constitution. |
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http://www.warblogging.com/archives/000654.php
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| | laws of war |
| | Belgium amends law to avoid war crimes lawsuit against Bush | | | Related content from HighBeam Research on: laws of war | | | laws of war: Modern Laws of War - Modern Laws of War There is no convention on the laws of war to which all the major powers of the... |
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http://www.infoplease.com/ce6/society/A0851443.html
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| | David B. Rivkin Jr. & Lee A. Casey on John Kerry on National Review Online |
| | Yet none of these tactics is in fact prohibited under the traditional laws of war. | | | Although civilians certainly died, the accepted legal principle of proportionality has always allowed for this possibility, tragic as it may be. | | | Likewise, while opponents of the war (including some returning veterans like Kerry) claimed that free-fire zones were inherently illegal — suggesting that these were areas where anybody, including civilians, could be killed with impunity — the Pentagon defined that term simply as an area where attacks against enemy combatants could be initiated without prior authorization. |
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http://www.nationalreview.com/issue/rivkin_casey200410150913.asp
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| | The Avalon Project : Laws of War |
| | 1904 - Convention for the Exemption of Hospital Ships, in Time of War, From the Payment of All Duties and Taxes Imposed for the Benefit of the State; December 21 | | | 1929 - Convention Between the United States of America and Other Powers, Relating to Prisoners of War; July 27 | | | Hague V - Rights and Duties of Neutral Powers and Persons in Case of War on Land : 18 October 1907 |
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http://www.yale.edu/lawweb/avalon/lawofwar/lawwar.htm
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| | PBS Watch: Laws Of War |
| | "As hard as it may be to understand, especially for readers of a blog such as this one, my position is that not all of human activity is governed, or governable, by laws and lawyers. | | | A war run by lawyers is not a war. | | | My comment to one of the Volokh Conspiracy's endless discussions of the endless legalisms of the endless court cases regarding terrorist detainees: |
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http://pbswatch.blogspot.com/2005/11/laws-of-war.html
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| | Crimes Of War Project > Expert Analysis |
| | David Turns is a Lecturer, International and European Law Unit, School of Law, University of Liverpool, United Kingdom. | | | As such, the laws of war apply to both Russian and Chechen forces. | | | In October of 1999, the Crimes of War Project carried out an informal survey of international legal experts to etermine the applicability of the laws of war —international humanitarian law— to the conflict in Chechnya. |
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http://www.crimesofwar.org/expert/chechnya.html
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