The Law of War establishes: (The Law of War, pg 5 of 8)
Rules governing the resort to armed force
Rules between belligerents and neutral parties
Rules between enemies in armed conflict
All of the above
The correct answer and explanation is :
The correct answer is “All of the above.”
The Law of War (also known as International Humanitarian Law or IHL) governs the conduct of armed conflicts and seeks to limit its effects. It is composed of various rules and principles designed to protect individuals who are not participating in the hostilities, limit the means and methods of warfare, and provide certain protections to combatants and civilians.
- Rules governing the resort to armed force (Jus ad Bellum): This refers to the body of law that governs when it is legally permissible to resort to the use of armed force. It includes principles such as self-defense, protection of human rights, and the authorization of the use of force by international bodies like the United Nations. For instance, a state may resort to armed force in self-defense if it has been attacked, but the use of force must be proportional and necessary. This set of rules seeks to ensure that war is not waged arbitrarily or without a just cause.
- Rules between belligerents and neutral parties: The Law of War also governs the interaction between warring parties (belligerents) and neutral states or entities. Neutral parties are not directly involved in the conflict but have the obligation to refrain from supporting either side. Neutral countries must not allow their territory to be used by belligerents, and they must protect the rights of civilians within their borders. For example, if a belligerent violates the neutrality of a third party by using its territory to conduct military operations, it could lead to diplomatic consequences.
- Rules between enemies in armed conflict (Jus in Bello): Once a conflict has erupted, the Law of War sets out rules for how combatants should treat one another. It seeks to ensure that warfare is conducted in a manner that minimizes unnecessary suffering and protects those who are no longer participating in hostilities, such as prisoners of war and wounded soldiers. This includes rules like the prohibition of targeting civilians, the prohibition of using weapons that cause excessive harm (e.g., chemical weapons), and the obligation to treat prisoners of war humanely.
Thus, all of the above—rules governing the resort to armed force, the relationship between belligerents and neutral parties, and the conduct of enemies in armed conflict—are integral aspects of the Law of War, ensuring a structured, regulated approach to the conduct of war.