10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

occupation, the fact of occupation is the basis for the Occupying Power to exercise authority overthe occupied territory. 45 In addition, law of war treaties also sometimes recognize States’authorities in war. 461.3.4 Purposes of the Law of War. The main purposes of the law of war are:• protecting combatants, noncombatants, and civilians from unnecessary suffering; 47• providing certain fundamental protections for persons who fall into the hands of theenemy, particularly prisoners of war, civilians, and military wounded, sick, andshipwrecked; 48• facilitating the restoration of peace; 49• assisting military commanders in ensuring the disciplined and efficient use of militaryforce; 50 and• preserving the professionalism and humanity of combatants. 511.4 OBJECT AND NATURE OF WARUnderstanding the object and nature of war is important in understanding and applyingthe law of war. 5245 Refer to § 11.2.1 (Military Occupation as a Fact).46 See, e.g., GPW art. 21 (recognizing that “[t]he Detaining Power may subject prisoners of war to internment.”);HAGUE IV REG. art. 24 (recognizing that “[r]uses of war and the employment of measures necessary for obtaininginformation about the enemy and the country are considered permissible.”).47 Refer to § 2.3 (Humanity).48 Refer to § 7.5 (Humane Treatment and Care of Enemy Military Wounded, Sick, and Shipwrecked in the Power ofa Party to the Conflict); § 8.2 (Humane Treatment of Detainees); § 9.5 (Humane Treatment and Basic Protectionsfor POWs); § 10.5 (Humane Treatment and Other Basic Protections for Protected Persons).49 Refer to § 12.1.2.2 (Non-Hostile Relations to Facilitate the Restoration of Peace).50 Refer to § 18.2.1 (Reinforcing Military Effectiveness).51 Refer to § 2.6 (Honor).52 DEPARTMENT OF THE ARMY PAMPHLET 27-161-2, II International Law, 1 (Oct. 23, 1962) (“An understanding ofthe laws of war necessitates an understanding of ‘war’ itself. It is the phenomenon of war which these laws areattempting in some manner to control.”). See also Adam Roberts, Land Warfare: From Hague to Nuremberg, inMICHAEL HOWARD, GEORGE J. ANDREOPOULOUS, & MARK A. SHULMAN, THE LAWS OF WAR: CONSTRAINTS ONWARFARE IN THE WESTERN WORLD 117 (1994) (“The laws of war are strange not only in their subject matter, whichto many people seems a contradiction in terms, but also in their methodology. There is little tradition of disciplinedand reasoned assessment of how the laws of war have operated in practice. Lawyers, academics, and diplomats haveoften been better at interpreting the precise legal meaning of existing accords, or at devising new law, than they havebeen at assessing the performance of existing accords or at generalizing about the circumstances in which they canor cannot work. In short, the study of law needs to be integrated with the study of history; if not, it is inadequate.”).15

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!