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> Rules of War, Laws…

Chapter 1: Rules of War, Laws of War

Chapter 1: Rules of War, Laws of War

pp. 1-33

Authors

, United States Military Academy
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Summary

Chapter 1 relates a brief history of the law of war and the emergence of rules in conflicts. Those rules turned to royal mandates which, in turn, became laws that are today’s law of armed conflict, or LOAC. The chapter relates why modern states should obey the law of armed conflict – often referred to as “international humanitarian law.” The chapter details the five bases of LOAC: domestic laws, customary laws, treaties, judicial decisions, and publicists (i.e., academics). Common LOAC terms are explained to the student new to the subject. Finally, human rights, often seen as contrary or antagonistic to LOAC, particularly by the United States, is shown to now be complementary to LOAC, rather than contrary to it. This is essentially due to a still-evolving US position on the subject that is more willing to accept human rights objectives on the battlefield.

Keywords

  • law of war
  • law of armed conflict
  • international customary law
  • international law
  • human rights law

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