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The Legitimation of Violence 1: A Critical History of the Laws of War - Chris Jochnick ; Roger Normand

The Legitimation of Violence 1: A Critical History of the Laws of War - Chris Jochnick ; Roger Normand

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Published by Good-Bye Blue-Sky
This Article challenges the notion that the laws of war serve to restrain or “humanize” war. ... Laws regulating the means and methods of warfare drafted at the Hague Conferences remain the bedrock of modern laws of war, and are generally considered by international law scholars to be the crowning achievement of the effort to humanize war through law. ... To clarify that the article contemplated the bombing of civilian areas, Germany’s military delegate publicly announced his government’s understanding that article 25 is “not to be taken to prohibit the destruction of any building whatever and by no means when military operations rendered it necessary.” ... Prior to actual conflict and in the initial stages of the war, national leaders gave assurances that civilians would not be the object of attack, stating publicly that international law forbade indiscriminate aerial bombardment of civilian populations. ... The Tribunal’s broad interpretation of military necessity was not limited to aerial bombardment, but rather covered the full range of wartime conduct ... Ironically, the power of Nuremberg’s image as a humanitarian milestone may further entrench these “customary” belligerent practices that claim the vast majority of civilian casualties in modern war. ...
This Article challenges the notion that the laws of war serve to restrain or “humanize” war. ... Laws regulating the means and methods of warfare drafted at the Hague Conferences remain the bedrock of modern laws of war, and are generally considered by international law scholars to be the crowning achievement of the effort to humanize war through law. ... To clarify that the article contemplated the bombing of civilian areas, Germany’s military delegate publicly announced his government’s understanding that article 25 is “not to be taken to prohibit the destruction of any building whatever and by no means when military operations rendered it necessary.” ... Prior to actual conflict and in the initial stages of the war, national leaders gave assurances that civilians would not be the object of attack, stating publicly that international law forbade indiscriminate aerial bombardment of civilian populations. ... The Tribunal’s broad interpretation of military necessity was not limited to aerial bombardment, but rather covered the full range of wartime conduct ... Ironically, the power of Nuremberg’s image as a humanitarian milestone may further entrench these “customary” belligerent practices that claim the vast majority of civilian casualties in modern war. ...

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Categories:Types, Research, Law
Published by: Good-Bye Blue-Sky on Mar 04, 2010
Copyright:Attribution Non-commercial

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07/29/2013

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HeinOnline -- 35 Harv. Int’l. L. J. 49 1994
 
HeinOnline -- 35 Harv. Int’l. L. J. 50 1994
 
HeinOnline -- 35 Harv. Int’l. L. J. 51 1994

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