|
The law of war is a legal term of art that refers to the aspect of public international law concerning acceptable justifications to engage in war (''jus ad bellum'') and the limits to acceptable wartime conduct (''jus in bello'' or International humanitarian law). Among other issues, modern laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering.〔The Program for Humanitarian Policy and Conflict Research at Harvard University, "IHL PRIMER SERIES | Issue #1" Accessed at http://www3.nd.edu/~cpence/eewt/IHLRI2009.pdf〕 The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—that may provide additional legal limits to the conduct or justification of war. ==Early sources and history== Attempts to define and regulate the conduct of individuals, nations, and other agents in war and to mitigate the worst effects of war have a long history. The earliest known instances are found in the Mahabharata and the torah (Old Testament). In the Indian subcontinent, the Mahabharata describes a discussion between ruling brothers concerning what constitutes acceptable behavior on a battlefield: An example from the Deuteronomy 20:19–20 limits the amount of acceptable collateral and environmental damage: Also, Deuteronomy 20:10–12, requires the Israelites to make an offer of peace to the opposing party before laying siege to their city. Similarly, Deuteronomy 21:10–14 requires that female captives who were forced to marry the victors of a war could not be sold as slaves. In the early 7th century, the first Caliph, Abu Bakr, whilst instructing his Muslim army, laid down the following rules concerning warfare: Furthermore, Sura Al-Baqara (2:190-193 ) of the Koran requires that in combat Muslims are only allowed to strike back in self-defence against those who strike against them, but, on the other hand, once the enemies cease to attack, Muslims are then commanded to stop attacking. In the history of the early Christian church, many Christian writers considered that Christians could not be soldiers or fight wars. Augustine of Hippo contradicted this and wrote about 'just war' doctrine, in which he explained the circumstances when war could or could not be morally justified. In 697, Adomnan of Iona gathered Kings and church leaders from around Ireland and Scotland to Birr, where he gave them the 'Law of the Innocents' which banned killing of women and children in war, as well as banning the destruction of churches.〔Adomnan of Iona. Life of St. Columba, Penguin Books, 1995〕 In medieval Europe, the Roman Catholic Church also began promulgating teachings on just war, reflected to some extent in movements such as the Peace and Truce of God. The impulse to restrict the extent of warfare, and especially protect the lives and property of non-combatants continued with Hugo Grotius and his attempts to write laws of war. One of the grievances enumerated in the American Declaration of Independence was that King George III "(...) has endeavoured to bring on the inhabitants of our frontiers the merciless Indian Savages whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「law of war」の詳細全文を読む スポンサード リンク
|