War in general can be described as a conflict or a condition of armed conflict arises between various countries or even among the society itself that are involved with destruction aggression or military forces Some of the famous wars are such as the unforgettable World War I and World War II which had killed millions of civilians Above that World War II is considered as the deadliest war in history since the number of deaths involved were over 80 million Therefore that is why there is an existence on the law of war which regulates the rights and duties of belligerents in international law The law of war is basically part of the international law that deals with the establishment conduct and cessation of warfare which is comprised of different laws such as the customary international law and treaty law Some of the treaties that can be found are such as the 1856 Paris Declaration Respecting Maritime Law which had exterminated privateering The other example is the 1874 Project of an International Declaration regarding the laws and customs of war that is also known as the Brussels Declaration It was signed in Brussels but it however never came into force Nevertheless it formed part of the 1899 Hague Peace Conference or which is also known as the Hague Conventions This convention consists of several main sections and additional declarations such as the Pacific Settlement of International Disputes Still it can be said that there may be difficulties for the law of war to keep up with the swift changes caused by the development of various and advanced weapons Therefore this is why it is important to supplement and amend the earlier treaties from time to time However if according to the legal term law of war is a feature of public international law which concerns with acceptable justifications involving in war and limitation of acceptable wartime conduct
These are better known as the jus ad bellum which means law of war and jus in bello that is the international humanitarian law The jus ad bellum concerns with the right to commence a war that cope with when the wars can be fought and when the armed force may be wielded As for the jus in bello it relates to the rules applied in a war such as the conduct of warfare and the limitation on the usage of weapons Basically the aim of this law is to limit the suffering faced by combatants and especially the victims of war that is the non combatants The purpose of having this law of war are humanitarian and functional in nature as it protects the victimized people from suffering affords protection for the fundamental human rights that may be breached by the armed belligerents and facilitates the rehabilitation of peace Plus the law of war prevents the deterioration of good order and discipline in the unit maintaining the humanity of soldiers involved in the conflict and also to preserve the support of the public The jus ad bellum is concerned about several matters such as the right authority right intention reasonable hope proportionality and last resort Firstly the right authority is that a war is fair and just only if it is executed by a lawful authority Whereas the right intention is that the objective of war is to re establish harmony and peacefulness in that state For an instance take a look in the situation such as the Nazi era or the Hitler era where the government constituted a threat to people and cruel acts were done to the innocent civilians too Moving on as for reasonable hope there must be good grounds in hoping that the wanted result from that war can be obtained Next is the principle of proportionality which stipulates that the violence used in the war must be corresponding to the attack suffered Last but not least the principle of last resort which specifies that all non violent alternative must be used by the parties before declaring the use of force Moving on jus in bello or also known as the International
Humanitarian Law is part of the international law which governs the relationships between states International Humanitarian Law distinguishes two types of armed conflicts namely international armed conflicts opposing two or more states and non international armed conflicts between governmental forces and nongovernmental armed groups or between such groups only International Humanitarian Law s treaty law also establishes a distinction between non international armed conflicts in the meaning of common Article 3 of the Geneva Conventions of 1949 and non international armed conflicts falling within the definition provided in Article 1 of Additional Protocol II It aims to limit the effects of armed conflicts for humanitarian reasons to protect the people and to define the rights and obligations of the parties to a conflict The fundamental of this is the Geneva Conventions According to this provision international armed conflicts are those which oppose the High Contracting Parties that is the states It happens when there is one or more states have declare to go or attack against another state The rules of this law can be applied even there is no conflicts arising Moreover no formal declaration of war or recognition of the situation is needed Also referring to the Geneva Conventions and customary international law states have a duty to ensure respect for International Humanitarian Law such as the obligation to ensure that the arms and ammunition they transfer does not end up in the hands of irresponsible people The existence of an international armed conflict and as a consequence the possibility to apply International Humanitarian Law to this situation actually is relying on what really takes place on the basis that it is rooted on factual conditions
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