Lecture 1 Introduction may 2024

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Lecture 1 Introduction / may 2024 History & Legal Basis Middle Ages: feud and war governed by principles such as protection for women, children and aged, holy places, and there were knights rules.St. Thomas Aquinas (13 th

century) – just war: lawful authority, just cause, and rightful intention.

Age of Enlightenment: war is not between men, but between states. So people that are defending that state can be attacked, people that have laid down arms and surrendered should not be attacked.Rousseau: the purpose of using force is to overcome an enemy state, and to do this it is sufficient to disable enemy combatants.1861: Lieber Code, a manual based on international law for the army. The Lieber Code is the origin of Hague Law. Lieber was a German-American professor of political science and law. Founded on the principle that only armed enemies should be attacked.

1863: Foundation ICRC.

1868 Declaration of St. Petersburg – on weapons: no unnecessary

suffering. 1899 and 1907: Hague Peace Conferences.

The Martens clause: “In cases not covered by international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.This means that the mere omission of a matter in a treaty does not mean that international law 

should necessarily be regarded as silent on that subject, and serves as a reminder that the adoption of the treaty in question does not preclude protection of CIL. (also useful when technology develops faster than the law – which is always) Principle of necessity: A state may only use such force (not otherwise prohibited by humanitarian law) as is necessary to achieve the goals permitted by the right to self-defense.The action is only lawful if, in the circumstances, it is necessary for the defense of that

state. Principle of distinction: distinguish between combatants and civilians.

Principle of perfidy: forbids the use of treacherous methods and means of warfare.Military necessity is not a reason to not abide by the rules of humanitarian law, international humanitarian law already is a compromise between military and humanitarian requirements.Military necessity is only a permissible reason if the rule of international law expressly provides for such a possibility

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