The Greenwood Encyclopedia of International Relations - Vol. 2

By Cathal J. Nolan | Go to book overview
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Suggested Readings:
Lawrence James, Golden Warrior (1994);T. E. Lawrence, Seven Pillars of Wisdom (1926); T. E. Lawrence, Revolt in the Desert (1927).
laws of war. These are positive rules of practical statecraft, not just the normative tradition of the just war. Yet, they draw deeply from that philosophical tradition, especially the jus in bello. The great legal writer of a previous generation, H. Lauterpacht, identified three principles underlying the laws of war: (1) States (and only states) may use all necessary force to pursue their ends in war. (2) That right is conditioned by humanitarian concerns and by requirements of proportionality in the use of force and meeting out punishments. (3) Even in the conduct of war there is room for the virtues of chivalry (honesty, mercy, gallantry). In fact, the stress on the right to make war was a nineteenth-century idea. As total war developed, the international laws of war showed real flexibility in adapting to modern means and war aims. Thus, during the twentieth century it shifted from the older effort to manage war to trying to abridge the new threat of total war. For specific rules see also aggression; angary; armistice; belligerent equality; belligerent rights; blockade; booty; capture; casus foederis; cease-fire; chemical weapons; civilian; combatant; crimes against humanity; crimes against peace; cruiser warfare; declaration of war;gas;Geneva Conventions;genocide;Hague Conferences;Hague Conventions;incursion;intrusion;invasion; jus ad bellum; Kellogg-Briand Pact;letters of marque; levée en masse; neutrality; neutral rights; nuclear weapons free zones; Nuremberg trials; occupation; Paris, Declaration of (1856); peace; peace treaty; piracy; POWs; privateer; prize; prohibited weapons; recognition; requisition; retaliation; rule of 1756; rules of engagement; state of war; status mixtus; Tokyo trials; visit and search; war; war crimes; war crimes trials; war zone.

Suggested Readings:
Geoffrey Best, War and Law Since 1945 (1994); Geoffrey Best, Humanity in Warfare, 2nd ed. (1983); Michael Howard et al., eds., The Laws of War (1994).
LDC.SeeLeast Developed Countries;Less Developed Countries.

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