scholarly journals Scuds, Shelters and Retreating Soldiers: The Laws of Aerial Bombardment in the Gulf War

1993 ◽  
Vol 31 (4) ◽  
pp. 662 ◽  
Author(s):  
Peter Barber
Keyword(s):  
Gulf War ◽  
The Body ◽  
Laws Of War ◽  
International Laws ◽  
Law Making ◽  
Moral Grounding

The author looks at whether laws governing war can ever reduce suffering by imposing restrictions on the methods and means of waging war. In particular, the laws of war have tended either to address past technology or to fall victim to the exigencies of war. The author first discusses, without deciding, whether there can be any moral grounding for laws regulating war. Next, he examines the development of laws governing aerial bombardment. Pertinent international laws, protocols and conventions are canvassed. Finally, the efficacy of the laws of aerial bombardment are assessed within the context of three specific events during the Gulf War. The author evaluates whether combatants in the Gulf War adhered to the laws governing aerial bombardment; he concludes that the stronger party's conduct during the Gulf War substantially complied with these restrictions. Such adherence in itself constitutes a law-making function. Thus, although the enforceability of laws restricting war is arguable, the body of law itself can have the limiting effect intended.

‘The Lawyers’ War’

2020 ◽  
pp. 117-156
Author(s):  
Craig Jones
Keyword(s):  
Planning Process ◽  
Gulf War ◽  
Laws Of War ◽  
Dual Use ◽  
Civilian Life ◽  
Collateral Consequences ◽  
Us Military ◽  
The Us ◽  
Slow Violence

This chapter analyses the involvement of military lawyers in the planning and conduct of the US-led First Gulf War in 1990–1991. Contrary to representations of the First Gulf War as one of the cleanest, most precise, and limited wars the US military has ever fought, this chapter outlines the planning process and rationale behind the US military’s destruction of Iraq’s key infrastructure. The laws of war and military lawyers played no small part in the patterning of violence as key legal interpretations turned ‘dual use’ infrastructures into legitimate military targets—with cascading collateral consequences for civilian life in Iraq. The chapter considers how calculations of proportionality failed to properly consider the ‘slow violence’ of targeting, which enabled and legitimized forms of infrastructural violence and military destruction that might otherwise be considered impermissible.

The Modern International Laws of War: Christian and Muslim Approaches

1998 ◽  
pp. 133-142
Author(s):  
Harfiyah Abdel Haleem ◽  
Oliver Ramsbotham ◽  
Saba Risaluddin ◽  
Brian Wicker
Keyword(s):  
Laws Of War ◽  
International Laws

Future International Laws of War

1939 ◽  
Vol 33 (3) ◽  
pp. 441-451 ◽  
Author(s):  
W. L. Rodgers
Keyword(s):  
International Law ◽  
Economic Conditions ◽  
Military Force ◽  
International Agreement ◽  
Laws Of War ◽  
The Past ◽  
International Laws ◽  
The Hague ◽  
Military Strength ◽  
Made In

Undoubtedly the generally recognized rules governing the exertion of military force at any given period are the outcome of social and economic conditions as well as of the development of new modes of attack upon life and property. Yet many believe that new forms of the exertion of military strength may be restrained by international agreement made in time of peace and in the name of humanity. Although such agreements have been made in the past, such as the Hague agreements of 1899 and 1907, not all have been viable. It is doubtful if effective ways of striking down the enemy will be limited by the bare plea of “humanity”. Restraint on the exercise of belligerent force for the sole reason that the sufferings of war are great and cruel is instinctive but not logical, for war is death and injury of persons and destruction of property by which the enemy is forced to submit. As to this matter Oppenheim says in his International Law: … First is the principle that a belligerent should be justified in applying any amount and any kind of force which is necessary for the realization of the purpose of the war—namely, the overpowering of the opponent. Secondly, the principle of humanity is at work, which says that all such kinds and degrees of violence as are not necessary for the overpowering of the enemy should not be permitted to the belligerent.

The body vanishes ‐photojournalism in the Gulf War

1994 ◽  
Vol 8 (2) ◽  
pp. 289-304 ◽  
Author(s):  
John Taylor
Keyword(s):  
Gulf War ◽  
The Body

Sovereignty and the Laws of War: International Consequences of Japan's 1905 Victory over Russia

2011 ◽  
Vol 29 (1) ◽  
pp. 53-97 ◽  
Author(s):  
Douglas Howland
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Laws Of War ◽  
International Conference ◽  
International Diplomacy ◽  
International Audience ◽  
International Laws ◽  
The Hague ◽  
Global War

The Russo–Japanese War (1904–1905), recently commemorated with several international conference volumes, is identified by a majority of contributors as the first modern, global war. In making such a judgment, these scholars note its scale, its nationalism, its colonialism and geopolitical repercussions. What is surprising, however, is that no one has remarked on another significance: it was the first war in which both belligerents pledged to adhere to the international laws of war. In that regard, the Russo–Japanese War marks a culmination of the tireless international diplomacy to secure legal limitations on warfare in the nineteenth century. In 1904, both Russia and Japan justified their operations according to international law, for the benefit of an international audience who had five years earlier celebrated some progress with the signing of The Hague Conventions in 1899.

scholarly journals Hadifoglyok és a Nagy Háború

2018 ◽  
Vol 30 (1) ◽  
pp. 56-76
Author(s):  
Oszkár Gorcsa
Keyword(s):  
Prisoners Of War ◽  
The State ◽  
Great War ◽  
Laws Of War ◽  
International Laws ◽  
The Moment ◽  
The Great War ◽  
Multilateral Treaties

The study presents the evolution of the international laws of war, focusing especially on the Geneva and Hague Conventions, which were the first multilateral treaties that addressed the conduct of warfare. Furthermore, I attempt to answer the question of why men kept fighting, why they didn’t choose surrender instead. I also deal with the moment of capture, and the legislations regarding prisoners of war in Austria–Hungary. I also expound on introducing the situations in the austro–hungarian POW camps. Furthermore, the study depicts in detail the economic capability of the state after the outbreak of the Great War.

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