Traditions of War: Occupation, Resistance, and the Law

By Karma Nabulsi | Go to book overview

1
The Modern Laws of War from 1874 to 1949

The general project of the modern laws of war was driven by the ambition to introduce internationally recognized legal conventions into the practice of war itself. This goal was to be achieved by codifying existing customs and practices of armies, with the aim of mitigating, standardizing, and thus stabilizing the conduct of war. As a French military jurist explained: 'Our goal here is to humanize war, by which we mean that it must be regularized.' This was because guerilla war, while 'constituting a doubtful benefit and efficiency', constituted 'a certain atrocity'; it was the 'most terrible aggravation of war'.1 The foundation of the modern laws of war was based on the concept of jus in bello (the laws of war), and the exclusion of jus ad bellum (principles of just war).2

In the second half of the nineteenth century some progress was made on the regulation of war. By 1874 the European powers had agreed upon two international conventions, the Geneva Convention on Prisoners of War of 1864, inspired by Henri Dunant's book (and his subsequent lobbying of the Swiss government), Un souvenir de Solférino, an eye-witness account of extreme suffering endured by wounded soldiers on the field during the Austro-Italian war,3 and the St Petersburg Declaration of 1868.4 Still unresolved were the lawful practices of

____________________
1
A. Brenet, La France et l'Allemagne devant le droit international pendant les opérations militaires de la guerre de 1870-71 ( Paris: A. Rousseau, 1902), 26.
2
For a clear legal exposition on the difficulties in reconciling (or indeed keeping separate) these two strands of law, see C. Greenwood, "'The Relationship between Jus ad Bellum and Jus in Bello'", Review of International Studies, 9 ( 1983), 221-34.
3
See T. E. Holland, "'A Lecture on the Brussels Conference of 1874, and other Diplomatic Attempts to Mitigate the Rigours of Warfare'", Lectures 1874-84 ( Oxford: Oxford University Press, 1886), 5-7. See also Henri Dunant classic Un souvenir de Solférino ( Geneva: Éditions l'Age d'Homme, 1969).
4
The St Petersburg declaration, which is directed at 'Renouncing the use, in time of war, of explosive projectiles under 400 grammes in weight' contains the famous statement of principle: 'the only legitimate object which States should endeavour to accomplish during war is to weaken the forces of the enemy state'. A. Roberts and R. Guelff, Documents on the Laws of War ( Oxford: Clarendon Press, 1989), 30-1.

-4-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Traditions of War: Occupation, Resistance, and the Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 302

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.