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23 - The laws of war

from Part IV - Rules of Engagement, Laws of War and War Crimes

Published online by Cambridge University Press:  05 December 2013

Jay Winter
Affiliation:
Yale University, Connecticut
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Summary

Most states regulated the behaviour of combatant troops in operation well before the First World War, with laws applicable to the armed forces grouped in codes which condemned forms of conduct considered undesirable. The determination to suppress violence as the way to settle differences between nations is the ultimate aim of the laws of war. This concept must be retained in any analysis of the evolution of international law, through a mixture of idealism and pragmatism. This pacifist aim is anchored in two lines of approach which are not mutually exclusive. The first approach can be defined as compassionate because it arises from sensitivity to the sufferings caused by wars. The second approach, the rationalist approach, arose from consideration of the cost of modern warfare in terms of lives and destruction, lessons learned from the wars of the second half of the nineteenth century.
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Publisher: Cambridge University Press
Print publication year: 2014

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  • The laws of war
  • Edited by Jay Winter, Yale University, Connecticut
  • Book: The Cambridge History of the First World War
  • Online publication: 05 December 2013
  • Chapter DOI: https://doi.org/10.1017/CHO9780511675669.029
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  • The laws of war
  • Edited by Jay Winter, Yale University, Connecticut
  • Book: The Cambridge History of the First World War
  • Online publication: 05 December 2013
  • Chapter DOI: https://doi.org/10.1017/CHO9780511675669.029
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The laws of war
  • Edited by Jay Winter, Yale University, Connecticut
  • Book: The Cambridge History of the First World War
  • Online publication: 05 December 2013
  • Chapter DOI: https://doi.org/10.1017/CHO9780511675669.029
Available formats
×