The Evolution of International Humanitarian Law (IHL) Understanding How Morals Have Changed War

The Evolution of International Humanitarian Law (IHL) Understanding How Morals Have Changed War

Think about this In war, moral considerations account for three quarters, the actual balance of forces for the other quarter. -Napoleon Bonaparte (1808)

Pre-Conceived Notions? When you hear the phrase war crimes what comes to mind? Term Clarification Customary Law or Rules of War Laws of War International Humanitarian Law (IHL) = Same idea!

Ancient Origins - Feudal Times 2,000 years ago, St. Augustine first came up with the concept that there were just and unjust wars (ideas were based on Christianity). These ideas served historically as the litmus test. A war is considered just if it is: Based on clear; legitimate or just aims Undertaken by a legitimate authority such as a recognized government Not undertaken out of hate, greed or other base motives Prosecuted only as a last resort Likely to succeed

Feudal Times - the 1600s From feudal times to the 17 th century (1600s), armies were largely MERCENARY often brutal, undisciplined and would fight for who could pay the most. They had to live off the land and were often not paid on time Thus, they were hard to manage A big change in the evolution of IHL came when armies transitioned from mercenary to existing as function of the nation-state bureaucracy (1700s-1800s).

1700s - 1800s (18th & 19th Centuries) Many changes in Western civilization impacted the evolution of IHL: Mercenary to National Armies The Enlightenment Humanism Decline of the Church as a Political Leader Rise of Nation-States

1700s - 1800s (cont.) Soldiering became a profession (civilians were more off limits in war as a result) Leaders learned that regularly paid And fed armies were better tactically & more cooperative A chain of command was established (battalions, regiments, etc.) Administrative staffs now handled supplies, pay, and other logistics Customary Law was in full force, but not written down Procedures were now established to punish officers (similar to court marshaling)

1700s - 1800s (cont.) European Countries got better at planning and managing war, thus were able to control much of the non-western world. Organization of the military proved to be successful in outwitting larger opponents Commercial and Military contributions during the Industrial Revolutions changed how people planned and waged war. Areas of Discussion in the 1800s in Terms of IHL: Limitations of Medical Advances during War / Care for the Wounded Treatment of POWs Safety of soldiers who surrender

1700s - 1800s (cont.) Francis Lieber U.S. Civil War - 1st law written down Francis Lieber - appointed by a Union General to create a document outlining customary law for the U.S. army. His General Orders 100 served as the official document for the U.S. army for 100 years! Set the example, or precedent, for the international community to do the same write it down! Significance - helped with training soldiers so they could understand what was and was not acceptable.

1700s - 1800s (cont.) International Conventions Follow the U.S. s Example at Geneva and Hague Swiss philanthropist Henri Dunant in 1862 wrote about the horrible conditions suffered by the wounded In Geneva, Switzerland, 12 European nations signed a convention / treaty This would be revised and tweaked from 1864-1949 1949 -Formally accepted by United Nations

1900 s -Today 1899 in Hague - the U.S., Mexico, Japan, Persia, Siam, and 19 European nations signed a treaty Purpose, however, was not to end war because many new world powers had acquired power as a result of war After WWI, some tried to outlaw war, but it failed World organizations are created in the 1900s to promote world peace and IHL (League of Nations and United Nations) Genocide of the 1940s would challenge IHL like never before and also prove its necessity

1900s - Today (cont.) Nuremberg and the Nuremberg Principles did the work of punishing some Nazi leaders and set an important precedent Eisenhower s Cold War Military Industrial Complex speech warned of things to come (the privatization of war, PMCs, etc.) Each war and major conflict where crimes are committed further outline how IHL will work in the future Mai Lai (1960s) Cambodia (1970s) Iraq (1980s) Bosnia (1990s) Rwanda(1990s) Darfur (today)

1900s - Today (cont.) IHL is an ongoing process that many people around the world feel strongly about promoting. There s more awareness of human rights Groups today are out there to protect IHL ICRC Amnesty International Human Rights Watch Any Many More!

The Controversy Some argue that powerful nations hold themselves above IHL Others, however, argue that IHL is contradictory to the nature of war and that war is part of human nature Major question to ponder regarding IHL Are we better off today having it, even though it s flawed, or not having it at all?

Unit 3 Socratic Seminar Questions 1. How realistic is international law? Are international laws against war crimes enforceable? 2. Who should be held accountable for war crimes? Individuals? Leaders? Whole countries? 3. Should the international community get involved in civil wars? (Question of Jurisdiction who should hold a war crimes trial in these cases?) 4. How much does politics and power impact war crimes proceedings? 5. Can the United States expect terrorist groups and other anti-american radical leaders to accept and respect international laws of war if there is question about our own violations of international law?

Sources to Read for Further Explanation (see me if interested) Boot, Max. War Made New: Technology, Warfare, and the Course of History, 1500- Today. New York: Gotham Books, 2006. Taylor, Telford. The Development of the Laws of War. Contemporary Issues Companion. Masci, David. The Ethics of War. CQ Researcher 12.43 (2002): 1013-1032.