THE LAWS

OF WAR
LIAHONA A. GARCHITORENA
OVERVIEW
1. SANCTIONS OF THE LAWS OF WAR

2. COMMENCEMENT AND TERMINATION OF WAR

SANCTIONS OF THE LAWS OF
WAR
Reprisals

Punishment of war crimes

committed by enemy soldiers
and other enemy subjects

protest lodged with the

neutral powers
Compensation
 REPRISALS
Legitimacy of Reprisals:

1. that the State against which

reprisals are taken must have been
guilty of a breach of international
law;
2. that prior to recourse to reprisals
an adequate attempt must have
been made, without success, to
obtain redress from the
Deterrent effect delinquents State for the
satisfaction consequences of its illegal
Obtain redress conduct.
3. That acts of reprisals must not be
excessive.
 REPRISALS
military occupation
freezing of assets of its citizens
Display of force

seizure of ships at sea embargo

naval bombardment

boycott
seizure of properties of
nationals of the delinquent State pacific blockade
 PUNISHMENT OF WAR CRIMES
committed by enemy soldiers and other enemy subjects

WHO WHAT

Enemy soldier/s Enemy subject/s

LifetimeDeath
imprisonment
HOW
In order to be given one of these sentences, any instance of a war crime must be taken to the 
International Criminal Court (ICC). The ICC was founded on July 1, 2002 for the purpose of bringing
war criminals to trial. The power of the court is based on a treaty, and 108 separate countries support it.
 COMPENSATION
Rule 150. Reparation (International Humanitarian
Law)
Rule 150. A State responsible for violations of international
humanitarian law is required to make full reparation for the loss
or injury caused.

(ii) Compensation. It is a long-standing rule of

customary international law, set forth in the 1907 Hague
Convention (IV) and repeated in Additional Protocol I,
that a State which violates international
humanitarian law must pay compensation, if the case
demands.
 CASE ILLUSTRATION
Mali, Accountability for the Destruction of Cultural Heritage

Pre-Trial Chamber I of the International Criminal Court confirmed certain charges concerning the
war crime of intentionally directing attacks against buildings dedicated to religion and historic
monuments under article 8(2)(e)(iv) of the Rome Statute. At trial, the accused made an admission of
guilt. The Trial Chamber found the defendant guilty. It classified the conflict as non-international,
argued that cultural objects are protected in IHL both in conduct of hostilities and after the objects are
under the control of a Party to the conflict. To classify the destruction of religious buildings and
historic monuments as an “attack” in the sense of article 8(2)(e)(iv) of the Rome Statute, the Court
considered sufficient the presence of a general nexus to the armed conflict, without requiring “a link to
any particular hostilities”.
PROTEST LODGED WITH
NEUTRAL POWERS
The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague
Convention of 1907. A permanently neutral power is a sovereign state which is bound by
international treaty, or by its own declaration, to be neutral towards the belligerents of all
future wars.

As there is no diplomatic intercourse between the contending States during war, complaints
of breaches of the laws of war are sent to the enemy through a neutral State which lends its
good offices. Complaints may also be lodged with neutral States, with or without a view to
soliciting their good offices, mediation or intervention, for the purpose of making the enemy
observe the laws of war.
 COMMENCEMENT OF WAR
How does a war begin?

Letter Declaration An act of force Executive Statement

It was customary to 1907 2nd Hague Conference - not From the point of view of Anglo-American Rule
to commence without previous international law. An armed
notify an intended war by
and unequivocal warning action – animus belligerendi
letters
 COMMENCEMENT OF WAR
What happens during the war? NO SUSPENSION OF ARMS
e n ded
p
Sus
Hostile ARMISTIC
Su
sp en d E
ed
YES
Non-hostile CEASE-
FIRE
safe-conduct
TRUC
truce E
license to trade
CAPITULATI
passports
cartels ON

safeguards
 COMMENCEMENT OF WAR
Suspension of Arms It is the
temporary cessation of
hostilities by agreement of the
local commanders for such
purposes as the gathering of
the wounded and the burial of
the dead.
ARMISTICE It is the CEASEFIRE It is the TRUCE Sometimes
suspension of all hostilities unconditioned stoppage of use interchangeably
within a certain area (local) hostilities by order of an with armistice, but is
or in the entire region of the international body like the now understood to
war (general) agreed upon Security Council for the refer to a ceasefire
by the belligerent purpose of employing with conditions
governments, usually for peaceful means of settling the attached.
the purpose of arranging conflict.
terms of peace.

CAPITULATION It is the surrender of military troops, forts or

districts in accordance with the rules of military honor.
 TERMINATION OF WAR
simple cessation of hostilities
uti possidetis - Each belligerent is
regarded as legally entitled to such
property as are actually in its
possession at the time hostilities
ceased.
status quo ante bellum - Each
of the belligerents is entitled to
the territory and property which
it HAD possession of at the
commencement of the war.
by a treaty of peace by unilateral declaration
this is the usual method of if the war results in the complete
terminating war. It may be defeat or unconditional surrender of a
a negotiated peace treaty. belligerent the formal end of the war
Or a peace treaty thru a depends on the decision of the victor.
dictated treaty
This happens where the
decisive victory of one
of the belligerents leads
it to impose its will on
the other. Imposed by
the victor.
 TERMINATION OF WAR
Postliminium - A term borrowed from Roman Law concept which meant that persons or properties captured or
seized and taken beyond (post) the boundary (limen) could be enslaved or appropriated, but upon return they
recovered their former status.

QUEEN SLAVE QUEEN CERSEI

CERSEI CERSEI 2.0
 TERMINATION OF WAR
Modern Practice - To denote the doctrine that territory, individuals and property, after having come under the authority of the
enemy, revert to the authority of the original sovereign ipso facto upon retaking possession.
TERMINATION OF WAR
Legitimate Acts of Military Occupant

appropriation
of property

collection of
ordinary taxes