Laws Of War :: essays research papers

Laws of struggleThe term "laws of state of war" refers to the rules governing the actual hold of armconflict. This idea that in that perspective actually exists rules that govern war is adifficult concept to understand. The simple act of war in and of itself seems tobe in violation of an almost universal law prohibiting one humanity being fromkilling another. But during times of war murder of the antagonist is allowed, whichleads one to the question, "if murder is permissible then what possible "laws ofwar" could there be?" The answer to this question can be found in the Charterestablished at the International Military judgeships at Nuremberg and capital of JapanCrimes against Humanity namely, murder, extermination, enslavement, deportation,and other inhumane acts committed against whatsoever civilian population, forrader orduring the war, or persecutions on political, racial or religious curtilage in consummation of or in connection with any abom ination within the jurisdiction of theTribunal, whether or not in violation of the internal law of the country whereperpetrated. Leaders, organizers, instigators, and accomplices participating inthe formulation or execution of a common plan or conspiracy to commit any of theforegoing crimes atomic number 18 responsible for all acts performed by any persons inexecution of such plan.1The above excerpt comes form the Charter of the Tribunal Article 6 section C,which makes it quite clear that in oecumenical the "laws of war" argon there toprotect innocent civilians before and during war.It seems to be a fair idea to have such rules governing armed conflict in orderto protect the civilians in the general location of such a conflict. But, whenthe conflict is over, and if war crimes have been committed, how then arecriminals of war brought to nicety? The International Military Tribunals heldafter World War II in Nuremberg on 20 November 1945 and in Tokyo on 3 May 1946are excel lent examples of how such crimes of war are dealt with. (Roberts andGuelff 153-54) But, rather than elaborate on exact details of the Tribunals ofNuremberg and Tokyo a more important matter must be dealt with. What happenswhen allege criminals of war are unable to be apprehended and justly tried? argonthey forgotten about, or are they sought after such as other criminals are inorder to serve justice? What happens if these alleged violators are foundresiding somewhere other than where their pursuers want to bring them tojustice? How does one go about legally obtaining the custody of one suchsuspect? Some of the answers to these questions can be found in an compendium of