Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0002
Clapham Andrew
{"title":"2 Declarations of War and Neutrality","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0002","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0002","url":null,"abstract":"This chapter looks at the institution of a Declaration of War and the rights and obligations associated with neutrality. Declarations of War, and the question of who is entitled to make them, remain significant in some circumstances. In particular they create expectations that other states may choose to declare their Neutral Status. The chapter separates out formal Neutral Status from non-belligerency and the rights and obligations that attach to such non-participating states. It is argued that while some rights and obligations apply to all non-participating states, the older rights and obligations applicable to Neutral Status only apply where a state expressing an explicit intention to acquire Neutral Status under international law. Switzerland’s particular permanent neutrality is examined and explained in the context of conflicts such as the conflicts in the Gulf in 1991 and 2003 and with regard to UN authorized use of force. The rights of a belligerent towards neutral shipping on the high seas and in the context of blockade are touched on but dealt with in more detail in Chapter 8. It is suggested that there should no longer be any international law Belligerent Right to attack or seize neutral shipping or goods in the context of breach of blockade.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87956481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0011
Clapham Andrew
{"title":"Conclusion","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0011","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0011","url":null,"abstract":"This concluding chapter revisits the idea that states no longer rationalize their violence against each other as part of a longstanding tradition of going to war. It therefore highlights that it is no longer appropriate to apply the logic of war that justifies killing, detention and destruction as part of the necessities of war. The chapter recalls how governments claim belligerent rights to acquire territory and neutral ships, to destroy things they consider are part of the enemy's war-sustaining economy, and to intern people as law of war detainees. It suggests that aspects of old ideas about what is permissible in war have survived, when many of them should have been buried along with the legal institution of War.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90386626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0010
Clapham Andrew
{"title":"10 Accountability for Violations of the Laws of War","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0010","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0010","url":null,"abstract":"This chapter covers the trials and convictions of leaders for crimes against peace in Nuremberg and Tokyo after the Second World War. It also examines the reparations regimes set up with regard to Iraq in 1991 and the Eritrea-Ethiopia conflict in 1998. The chapter explains how the crime of aggression operates in the Statute of the International Criminal Court. It describes possibilities to demand various forms of accountability for breaching other rules of international law that are considered war crimes, crimes against humanity or genocide. There is an almost complete listing of war crimes as well as an explanation of the significance of some war crimes being grave breaches of the Geneva Conventions and Protocol I. The Chapter ends with a look at other forms of accountability beyond criminal prosecution, including the use of belligerent reprisals.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86817118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0005
Clapham Andrew
{"title":"5 War Powers in National Law","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0005","url":null,"abstract":"This chapter looks at the War Powers Resolution, passed by the US Congress in the wake of the conflict in Viet Nam. It considers its application in recent years with regard to Kosovo, Libya and Yemen. There is a consideration of how similar legislation or traditions contain the Executive from using force abroad in states such as the United Kingdom and Japan. The Chapter then considers measures taken in time of War in the United States and the United Kingdom which relate to the internment of enemy aliens, trading with the enemy, and the denial of access to the courts by such enemy aliens. The Chapter ends with an examination of the law on treason in various states and the requirement under some laws that certain forms of treason require a formal State of War.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75529398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0008
Clapham Andrew
{"title":"8 Belligerent Rights and the Future of Naval Economic Warfare","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0008","url":null,"abstract":"This chapter highlights how old ideas about what is permitted in war continue to play a role when it comes to the use of force against merchant shipping and seizing such ships and their cargo on the high seas. It considers how claims related to the law of blockade and contraband blur the distinction between military objectives and civilian objects. The chapter ends with suggestions for an overhaul of the rules on seizure of enemy and neutral ships and the cargoes they are transporting.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75322104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0004
Clapham Andrew
{"title":"4 The Use of Force after the UN Charter","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0004","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0004","url":null,"abstract":"This chapter begins with the prohibition on the use of force contained in the UN Charter in 1945. It explores what constitutes as an illegal use of force under the UN Charter, looking at the exceptions to the prohibition, use of force in self-defence, authorization by the UN Security Council, and intervention by invitation. There is an examination of what constitutes a war of aggression and the crime of aggression. The Chapter ends with a consideration of the claim that force can be used for the purpose of humanitarian intervention.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74258404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0009
Clapham Andrew
{"title":"9 Victims of War","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0009","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0009","url":null,"abstract":"This chapter covers the international humanitarian law dealing with the protection of victims of war (sometimes known as Geneva law). It explains who is protected under this regime and distinguishes international from non-international armed conflicts.. The regimes that cover prisoners of war and civilians are explained along with the problems associated with the law on occupation. The role of the International Committee of the Red Cross and its protective emblems is explained together with the scope of the crime of misuse of the emblem.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86501377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0007
Clapham Andrew
{"title":"7 Warfare – the Conduct of Hostilities","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0007","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0007","url":null,"abstract":"This chapter recounts how the law of armed conflict is seen as broken into what was known as Hague law and Geneva law. The Hague law covered the means and methods of warfare or the conduct of hostilities, while the Geneva law was said to be for the protection of the victims of war. It reviews claims that the laws of war entitle an individual to kill members of the enemy's armed forces as an exercise of the law of war authority or justified as a lawful act of war. The chapter challenges the assumption that international law or the 'law of war' authorizes in broad terms lethal force as a matter of first resort against an identified enemy. It highlights how the battlefield killing of a state’s soldiers in international armed conflict war by the armed forces of another state cannot be tried as murder as those who engage in such killings enjoy combatant immunity before the courts of the other state. Captured soldiers are interned as prisoners of war. In non-international armed conflict the situation is more complex as it is not always clear who can be targeted and who loses their protection as a civilian by directly partipating in hostilities. The chapter considers that the principle of necessity operates as a further restraint on violence. The Chapter ends with a description of which weapons are prohibited in times of armed conflict and explains that shortening a war can not justify massive aeriel bombardment of civilian areas or the use weapons of mass destruction.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84881422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0001
Clapham Andrew
{"title":"1 The Multiple Meanings of War","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0001","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0001","url":null,"abstract":"This chapter emphasizes the meaning of war as that term is used in different contexts. It illustrates this by considering a selection of decisions from the US courts in three different areas: life insurance claims, military discipline for US military personnel, and environmental liability. The chapter also looks at international law, which abolished war as an acceptable way for states to settle their disputes, but war is still referenced in texts in ways that can trigger rights and obligations. It concludes that national and international law still distinguishes between armed conflicts (often described as wars) and a State of War formally speaking which is defined in the chapter and refers to a situation where two states intend to create a State of War, known thought the book as War with a capital W.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79134105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medicine and warPub Date : 2021-07-29DOI: 10.1093/law/9780198810469.003.0003
Clapham Andrew
{"title":"3 Outlawing War","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0003","DOIUrl":"https://doi.org/10.1093/law/9780198810469.003.0003","url":null,"abstract":"This Chapter looks at justifications for war that were given to right wrongs and recover debts, restore honour, dignity or equilibrium, or simply as part of a right of self-preservation. It details how Germany and Great Britain, joined by Italy, decided to take coercive measures against Venezuela for unpaid debts in 1902. The chapter covers the attempt to outlaw the use of force through a multilateral treaty: the Kellogg-Briand Pact or Pact of Paris 1928. There is also a detailed look at the discussions at the League of Nations over whether the military action by Italy and Japan were Wars or something else. The emergence of the rule that territory cannot be seized by force is examined and related to the parallel rule that prohibits recognition of any such claimed acquisition of territory.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85163822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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