International law during war

  • International Humanitarian Law book

    War is forbidden.
    The Charter of the United Nations states clearly that the threat or use of force against other States is unlawful.
    Since 1945, war has no longer been an acceptable way to settle differences between States..

  • The only legitimate objective of war, as defined by the law of armed conflicts, is to weaken and overpower the opponent's military forces.
    The history of conflicts illustrates the need to restrict the use of force in order to limit the risks of extermination and total destruction of the enemy.

International law

Some of the most influential thinking about war and the international system has come from specialists in international law.
All of them postulate that there exists an international society of states that accepts the binding force of some norms of international behaviour.
These norms are referred to as international law, although they differ fundamentally from municipal law because no sovereign exists who can enforce them.
Most international lawyers realistically accept that international law is, consequently, among rather than above states.
It is, according to legal doctrine, binding on states but unenforceable.

Overview

Some of the most influential thinking about war and the international system has come from specialists in international law.
All of them postulate that there exists an international society of states that accepts the binding force of some norms of international behaviour.
These norms are referred to as international law, although they differ fundamentally from municipal law because no sovereign exists who can enforce them.
Most international lawyers realistically accept that international law is, consequently, among rather than above states.
It is, according to legal doctrine, binding on states but unenforceable.

Does international humanitarian law apply to armed conflicts?

The existence of an armed conflict is a precondition for the application of international humanitarian law, but the existing body of rules is not clear about the elements necessary to determine that a situation between two States has reached the threshold of an armed conflict

What are the rules of war?

The rules of war, or international humanitarian law (as it is known formally) are a set of international rules that set out what can and cannot be done during an armed conflict

The main purpose of international humanitarian law (IHL) is to maintain some humanity in armed conflicts, saving lives and reducing suffering

A declaration of war is a formal act by which one nation goes to war against another.
A declaration is usually an act of delivering a performative speech or the presentation of a signed document by an authorized party of a national government in order to create a state of war between two or more sovereign states.
In the context of World War I, the official international protocol for declaring war was defined in the Hague Convention of 1907.
For the diplomatic maneuvering behind these events, which led to hostilities between nations, see Diplomatic history of World War I.
International law during war
International law during war

Use of rape as a military strategy during the Bosnian War

Rape during the Bosnian War was a policy of mass systemic violence targeted against women.
While men from all ethnic groups committed rape, the vast majority of rapes were perpetrated by Bosnian Serb forces of the Army of the Republika Srpska (VRS) and Serb paramilitary units, who used rape as an instrument of terror and key tactics as part of their programme of ethnic cleansing.
Estimates of the number of women raped during the war range between 10,000 and 50,000.
Accurate numbers are difficult to establish and it is believed that the number of unreported cases is much higher than reported ones.

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