Transcript Arms Control and the Laws of War

Arms Control and the Laws of War
Lesson Objectives
• Begin to understand the history of efforts to place
limits on warfare.
• Understand the meaning of the concept of "Laws
of War".
• Be able to describe the genesis of the current Law
of War, particularly in the 20th century.
• Begin to understand the history of arms limitation
as a tool for reducing the threat and impact of war.
World War I
“The War to End All War”
Laws of War
The Ultimate Oxymoron?
Laws of War
Roots:
• Religious texts and doctrine
• Codes and rules of armies
• Precedent
• Reciprocity
An attempt to bring order and restraint to chaos and brutality
Laws of War
Modern Considerations:
• UN charter
• Geneva Conventions
• Hague Conventions
Laws of War
Two Distinct Strata
Jus ad bellum (“law to war”)
Jus in bello (“law in war”)
Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
Laws of War
Two Distinct Strata
Jus ad bellum (“law to war”)
• Deals with the reasons and justification for the
use of force (for going “to” war)
Traditional considerations:
• Declared by a "legitimate" authority.
• Initiated for a good (just) reason
• Employed as a last resort
Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
Laws of War
Two Distinct Strata
Jus ad bellum (“law to war”)
• Deals with the reasons and justification for the
use of force (for going “to” war)
Jus in bello (“law in war”)
• The real “Laws of War”
• Deals with the conduct of war once joined
Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
Laws of War
Definition
The laws of war (Jus in bello) define the conduct
and responsibilities of belligerent nations, neutral
nations and individuals engaged in warfare, in
relation to each other and to protected persons,
usually meaning civilians.
Wikipedia
http://en.wikipedia.org/wiki/Laws_of_War
Laws of War
General Principles
• Force should be use to restrain & restrict adversaries, not kill
• Soldiers who surrendered should not be killed.
• Non-combatants (unarmed civilians) should not be targeted
• Indiscriminate (no specific target) force & weaponry prohibited
• Unnecessary suffering prohibited.
Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
Declaration of War
• One of the criteria for a just (legal) war
• Recognizes that a state of hostility exists
• Usually declared by the national sovereign
• Evokes a series of legal considerations
• Relations with other (neutral) nations
• Laws of War
• International treaties
Treaties & Protocols
Precedents for the Laws of War
Declaration of Paris (1856)
• Maritime warfare (outlawed privateering)
General Order No. 100 (Lieber’s Code – 1863)
• Code of conduct for soldiers on the battlefield
Geneva Convention (1864)
• Condition of wounded on the battlefield
Hague Convention (1899)
Treaties & Protocols
Precedents for the Laws of War
Hague Convention (1899)
• Hague I: Settlement of Pacific Disputes
• Hague II: Laws & Customs of War on Land
• Hague III: Adopted to Land Warfare Principles of
Geneva Convention of 1864 (Treatment of Wounded)
• Hague IV: Prohibiting Launching of Projectiles and
Explosives From Balloons
Treaties & Protocols
Precedents for the Laws of War
Hague Convention (1907)
• Hague I: Pacific Settlement of Disputes
• Hague II: Limitation of Employment of Force for
Recovery of Contract Debts
• Hague III: Opening of Hostilities
• Hague IV: Laws and Customs of War on Land
• Hague V: Rights and Duties of Neutral Powers and
Persons in Case of War on Land
• Hague VI: Status of Enemy Merchant Ships at the
Outbreak of Hostilities
Treaties & Protocols
Precedents for the Laws of War
Hague Convention (1907)
(continued)
• Hague VII: Conversion of Merchant Ships into War Ships
• Hague VIII: Laying of Automatic Submarine Contact Mines
• Hague IX: Bombardment by Naval Forces in Time of War
Hague X: Adaptation to Maritime War of the Principles of
the Geneva Convention
• Hague XI: Restrictions With Regard to the Exercise of the
Right of Capture in Naval War
• Hague XII: International Prize Court
• Hague XIII: Rights and Duties of Neutral Powers in Naval
War
Treaties & Protocols
Precedents for the Laws of War
Kellogg – Briand Pact (1928)
• Renounced war as an instrument of national policy
• Negotiated between
• Fran B. Kellogg – US Secretary of State
• Aristide Briand – French Foreign Minister
• Ultimately 62 nations signed the agreement
• Failed in goal of preventing war
• First Violation: Japan in Manchuria (1931)
• Served as basis for concept of crime against peace
• Nuremburg Trails (1945-1949)
• Still in force
Treaties & Protocols
Precedents for the Laws of War
Geneva Convention (1928)
• Prohibit Use of Gas and Biological Methods of War
Geneva Convention (1929)
• Treatment of Prisoners of War
Geneva Convention (1949)
• I: Care of Sick and Wounded in the Field
• II: Care of Sick, Wounded and Shipwreck at Sea
• III: Treatment of Prisoners of War
• IV: Protection of Civilians in War
Treaties & Protocols
Precedents for the Laws of War
Geneva Convention (1975)
• Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction
Arms Limitation
Can be considered almost a separate
branch of the Laws of War
Attempts to limit or ban entirely certain weapons
First Arms Limitation?
Crossbow
By 11th & 12th centuries, crossbows could penetrate armor of knights.
Threaten to upset the balance of power:
• Semi-skilled peasants could anonymously kill gentlemen
First Arms Limitation?
Crossbow
Banned by Pope Innocent II for use in killing Christians.
• Second Lateran Council 1139
First Arms Limitation
Second Lateran Council
Canon 29
“We prohibit under anathema that
murderous art of crossbowmen and
archers, which is hateful to God, to
be employed against Christians and
Catholics from now on.”
Pope Innocent II
EWTN: The Global Catholic Network
http://www.ewtn.com/library/COUNCILS/LATERAN2.HTM
Arms Limitation
Interest in arms limitation increased as
war has become come mechanized and
weapons more deadly and expensive
Arms Limitation
Early Attempt
St. Petersburg Declaration of 1868
“ … an International Military Commission having assembled at St. Petersburg in order to
examine into the expediency of forbidding the use of certain in times of war between civilized
nations, … the undersigned are authorized by the orders of their Governments to declare as
follows:
Considering that the progress of civilization should have the effect of alleviating as much as
possible the calamities of war:
That the only legitimate object which States should endeavour to accomplish during war is to
weaken the military forces of the enemy;
That for this purpose it is sufficient to disable the greatest possible number of men;
That this object would be exceeded by the employment of arms which uselessly aggravate the
sufferings of disabled men, or render their death inevitable;
That the employment of such arms would, therefore, be contrary to the laws of humanity; “
Arms Limitation
Early Attempt
St. Petersburg Declaration of 1868
“ … an International Military Commission having assembled at St. Petersburg in order to
examine into the expediency of forbidding the use of certain in times of war between civilized
nations, … the undersigned are authorized by the orders of their Governments to declare as
follows:
Considering that the progress of civilization should have the effect of alleviating as much
as possible the calamities of war:
That the only legitimate object which States should endeavour to accomplish during war is
to weaken the military forces of the enemy;
That for this purpose it is sufficient to disable the greatest possible number of men;
That this object would be exceeded by the employment of arms which uselessly aggravate
the sufferings of disabled men, or render their death inevitable;
That the employment of such arms would, therefore, be contrary to the laws of humanity; “
Arms Limitation
Early Attempt
St. Petersburg Declaration of 1868
“The Contracting Parties engage mutually to renounce, in case of war
among themselves, the employment by their military or naval troops of
any projectile of a weight below 400 grammes, which is either
explosive or charged with fulminating or inflammable substances. “
Intent: Ban the use of fragmentation, explosive, or incendiary small
arms ammunition. (Wikipedia)
Signatories: Austria-Hungary, Bavaria, Belgium, Denmark, France, the United
Kingdom, Greece, Italy, the Netherlands, Persia, Portugal, the North German
Confederation (i.e., Greater Prussia), Russia, Sweden, Norway, Switzerland,
Turkey (i.e.,the Ottoman Empire), and Württemberg.
Only binding during war between signatories.
U.S. not a signatory.
Arms Limitation
Modern Controversy
Just because you are not a signatory, should you
still abide by a humanitarian arms limitation treaty?
Arms Limitation
Modern Controversy
Weapon: .50 cal McMillan Tactical Sniper Rifle
http://www.eme421.com/50calmac.html
Bullet: Raufoss Round
http://en.wikipedia.org/wiki/Raufoss_Mk_211
Arms Limitation
Modern Controversy
Video: Canadian Snipers
Afghanistan
Video
Arms Limitation
Washington Naval Treaty (1922)
• Response to post WW I naval building programs
• Limited tonnage, armament on capital ships
and aircraft carriers
• Five major naval powers
• US, Britain, Japan, France, Italy
Arms Limitation
Washington Naval Treaty (1922)
Limits on capital ships
• US: 525,000 tons
• Britain: 525,000 tons
• Japan: 315,000 tons
Ratio 5 : 5 : 3 : 1.7 :1.7
• France: 175,000 tons
• Italy: 175,000 tons
No capital ship could exceed 35,000 tons
Armament Limitation: 16-inch guns maximum
Arms Limitation
Washington Naval Treaty (1922)
Limits on aircraft carriers
• US: 135,000 tons
• Britain: 135,000 tons
• Japan: 81,000 tons
• France: 60,000 tons
• Italy: 60,000 tons
Each nation could have two carriers up to 33,000 tons;
remaining carriers limited to 27,000 tons each.
Armament Limitations: 8-inch guns (max of 8 per ship)
Arms Limitation
Washington Naval Treaty (1922)
Other Limits:
• All other ships limited to
• 10,000 tons each (no limit on total tonnage)
• 8-inch guns or less
Arms Limitation
Washington Naval Treaty (1922)
Impact of Treaty:
• Navies modified existing capital ships
• Unusual designs evolved (treaty battleships, treaty
cruisers) to remain within tonnage restrictions
• US built no battleships 1918-1937
• US concentrated on cruisers, aircraft carriers
Treaty Battleships
HMS Nelson
Displacement: 33,950 tons
Main Armament: nine 16-inch guns
Post-Treaty:
USS North Carolina
Displacement: 35,000 tons
Main Armament: nine 16-inch guns
Treaty Cruisers
USS Northampton CA-26
Displacement: 9,000 tons
Main Armament: nine 8-inch guns
Post-Treaty:
USS Baltimore CA-68
WW II cruiser: more secondary armament
Displacement: 15,500 tons
Battle Cruisers
USS Lexington CC-1
Displacement: 43,500 tons
Main Armament: eight 16-inch guns
Aircraft Carriers
USS Lexington CV-2
Displacement: 33,000 tons
Note: 8 in. guns
USN photo
http://www.history.navy.mil/photos/sh-usn/usnsh-l/cv2.htm
1929
Aircraft Carriers
USS Lexington CV-2
Note: 5 in. guns
USN photo
http://www.history.navy.mil/photos/sh-usn/usnsh-l/cv2.htm
Oct 1941
Aircraft Carriers
USS Lexington CV-2
Displacement: 35,000 tons (wartime)
USS Essex CV-9
Displacement: 27,100 tons
Significance of Treaties
Little impact on World War II : it still happened
• No use of poison gas
End