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 WarTwo Distinct Strata

Jus ad bellum (“law to war”)

Schaun GrovesJust War Part 7: Jus Ad Bellum & Jus In Bellohttp://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html

Jus in bello (“law in war”)


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


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

Laws of WarDefinition

Wikipediahttp://en.wikipedia.org/wiki/Laws_of_War

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.

Laws of WarGeneral 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.


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 & ProtocolsPrecedents 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)


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


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


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


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


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


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

“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.”

Second Lateran CouncilCanon 29

Pope Innocent II

EWTN: The Global Catholic Networkhttp://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 LimitationEarly 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; “


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; “


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 LimitationModern Controversy

Just because you are not a signatory, should you still abide by a humanitarian arms limitation treaty?


Weapon: .50 cal McMillan Tactical Sniper Rifle

Bullet: Raufoss Round

http://www.eme421.com/50calmac.html

http://en.wikipedia.org/wiki/Raufoss_Mk_211


Video: Canadian Snipers

Afghanistan

Video

http://www.youtube.com/watch?v=nQfRPqTIa2Y

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 LimitationWashington Naval Treaty (1922)

Limits on capital ships • US: 525,000 tons

• Britain: 525,000 tons

• Japan: 315,000 tons

• France: 175,000 tons

• Italy: 175,000 tons

No capital ship could exceed 35,000 tons

Armament Limitation: 16-inch guns maximum

Ratio 5 : 5 : 3 : 1.7 :1.7


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)


Other Limits: • All other ships limited to

• 10,000 tons each (no limit on total tonnage)

• 8-inch guns or less


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 NelsonDisplacement: 33,950 tons Main Armament: nine 16-inch guns

Displacement: 35,000 tons Main Armament: nine 16-inch gunsUSS North Carolina

Post-Treaty:

Treaty Cruisers

Displacement: 9,000 tons Main Armament: nine 8-inch gunsUSS Northampton CA-26

USS Baltimore CA-68WW II cruiser: more secondary armament

Displacement: 15,500 tons

Post-Treaty:

Battle Cruisers

USS Lexington CC-1Displacement: 43,500 tons Main Armament: eight 16-inch guns

Aircraft Carriers

USS Lexington CV-2

1929USN photohttp://www.history.navy.mil/photos/sh-usn/usnsh-l/cv2.htm

Note: 8 in. guns


Aircraft Carriers

USS Lexington CV-2

Oct 1941USN photohttp://www.history.navy.mil/photos/sh-usn/usnsh-l/cv2.htm

Note: 5 in. guns

Aircraft Carriers

USS Lexington CV-2

USS Essex CV-9

Displacement: 35,000 tons (wartime)


Significance of Treaties

Little impact on World War II• No use of poison gas

: it still happened

End

Documents

Arms Control and the Laws of War