International Law and use of force (original) (raw)
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Colum. J. Transnat'l L., 2004
This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded in treaty, many of the laws were mutually recognized and formed out of custom, with respect to one’s adversary. Thucydides did not record his account for the purpose of describing ancient law, but his account provides evidence that a form of international law existed in the ancient world. It may be worth examining sources of ancient history in a comparative study of international law, as the differences between the modern world and the ancient might not be as large as once thought.
The Laws of War in the Pre-Dawn Light: Institutions and Obligations in Thucydides’ Peloponnesian War
2005
This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring Greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The Greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded in treaty, many of the laws were mutually recognized and formed out of custom, with respect to one’s adversary. Thucydides did not record his account for the purpose of describing ancient law, but his account provides evidence that a form of international law existed in the ancient world. It may be worth examinin...
The Peloponnesian War: A Theoretical Analysis
2014
Theoretical analysis of the war of ancient eras is as important as that of the modern and postmodern eras. Analysis of the primal, primitive, primordial and prehistoric wars shows that, by and large, they were driven by the same motives. The wars of the Hellenistic and the Greek era, too, have been as comparable. The Peloponnesian war fought from 431 BC to 404 BC between two main alliances of the Greek era-the Peloponnesian League, led by Sparta, and the Delian League, led by Athens-provides a lot for great analysis. It gives insight not only into the political affairs of the Greek era, but also an invaluable case study for the policymakers and theoreticians for drawing pertinent lessons for today's international, regional and national environments. Theoretical analysis of the Peloponnesian War provides for study of the war in the light of a host of theories. However, as Thucydides upholds, the war in question was a mirror image of honour, interest and fear as a motive, and thus...
Introduction to International Relations Lecture 6: Military Conflict
Overview. We study the three images of war: human nature, internal organization of states, and the international system. In doing so, we emphasize that ideally war is an instrument of policy, and violence should be a means to an end. We identify several problems with each separate explanation and then note some very interesting arguments pertaining to the distribution of power in the world system.
How Sparta and Its Allies Went to War: Votes and Diplomacy in 432-1 B.C.
Historia. Zeitschrift für Alte Geschichte, 2018
The number of votes held before the Peloponnesians went to war against Athens in 431 B. C. was not two (Thuc. 1.87; 125.1), but three: first the Spartans recognized that Athens was in the wrong; then the Peloponnesians voted for war sub condicione (i. e. in case of Athens’ refusal of the League’s requests); finally the Peloponnesians decided to go to war (cf. Diod. 12.41.1). Sparta’s refusal of arbitration does not undermine the sincerity of its initiatives for peace in 432–1, but demonstrates that such initiatives could not compete with the Spartan fear of the loss of hegemony.
LAWS of WAR INTERNATIONAL LAW,
laws of war, 2002
This book ALaws of War and International Law@ is the result of an extensive search on the documents and texts of the last 150 years about this subject. Many books, studies, collections, basic opinions, manuals have been published in the course of that time. Famous scholars have expressed their opinion in manuals (Westlake, Lauterpacht, Oppenheim, Bassiouni, Hall). Some interesting comparative selections have been published (Schindler, Levie) and due to the recent wars (Gulf, Bosnia, Ruanda, Kosovo) the interest in and books on >war, war crimes, war crime criminals= has flourished. Since 1945 the international community extended rapidly (the contacts between States are no longer dependent on telegram or mail), national business and trade is replaced by a global market and the (financial) stakes for governments are very high. The interdependency of nations has never been so great as in the last decade of the twentieth century. If we compare this global concept with the first (modern) step towards >law of war and international law= in 1856 (the Declaration Respecting Maritime Law, Paris), where seven (at that time >great=) States signed the Declaration at the end of the Crimean War, and as we look at the signatories (Austria, France, Prussia, Russia, Sardinia, Turkey, United Kingdom) it seems as far away as some historical events in the Roman Empire. While searching for the (legal) texts of the documents we were confronted with a growing feeling of curiosity for the, as we call it, communicative aspects bound to the documents and texts.
International Law & Laws of War
International law takes its roots in the ancient religious precept by the most famous name of all, Holland’s Hugo Grotius (1583-1645). He devised the global system of law which originated from the genesis in the early formation of states. There are two important concepts to take into account: the cause of war and the conduct of war. Within the world of international law, there are legal, domestic and international systems that operate by a set of rules that dictate trade, commerce, finance, communication, and travel. The International law came into being because of the intricate relationship between states and their relations to each other. Centuries in the making, international law has shaped the international community, the evolution of globalization, and the expectancy of each state to be interdependent by being aware of their environment and maintain diplomatic relation on human rights. In this research paper, I will draw the line between the international law in regards to the laws of war that seem to supersede the universal standard of acceptance. I will provide concrete examples that support the notion that sometimes international law and the law of wars can be misguided, miscalculated, and blended into-a-out-of-focus concept at the international level that brings conflicts of interests between states. Self-gain and self-interests cause wars to be engaged and world peace to be disturbed based on false assumption and misbehavioral preemptive measures based on irrationality. The spread of democracy worldwide is often threatened by wars. There is a growing body of evidence that the laws of wars could not support wars in general terms to be fought in the first place.