Free Sample Assignment on Sources of The Law of Armed Conflict

Question: Describe the sources of the law of armed conflict. Provide examples to support your discussion? Answer: The law of armed conflict which is also known as the law of war is related with the particular aspect of public international law that deals with acceptable justifications for engaging in war and also the limits that have been described for wartime conduct. Among other issues that are dealt with by the modern law of armed conflict includes the declaration of war, the surrender by the enemy and also the way in which the prisoners of war have to be treated. In the same way, military necessity as well as the provision of certain types of weapon due to the unnecessary suffering is caused, are also within the purview of the law of conflict. However as compared to other bodies of law, the law of armed conflict is considered as distinct. For example it is separate from the domestic law of nations state that is party to the conflict, which may provide additional limitations regarding the justification or the conduct of war. When it comes to the sources of the law of armed conflict, these can be divided into the early sources and the modern sources of the law of armed conflict. Since the early human history, efforts have been made to regulate the conduct of war by individuals as well as by the nations and also to reduce the impact of war on innocent citizens. Some of the early examples of these efforts can be found in the Torah (Old Testament) and the Mahabharata. For example in Deuteronomy 20:19, limitations have been prescribed regarding the collateral and environmental damage that can be considered as acceptable. It has been said in this regard that when a city has been deceased for a long time, in war, the trees shall not be axed in order to use them for laying the siege. In the same way, as at another place it has been said that while marching for attacking the city, an offer of peace should be made first of all to the people of the city. If the offer of these is accepted by the people and the open the gates of the city, the people in the city can be subjected to forced labor. On the other hand, if they refuse the offer of peace, sieze can be laid to the city and engage in battle. Similarly Mahabharata also contained a discussion regarding the acceptable behavior in the battlefield in which it was mentioned that the chariots should not be attacked with cavalry and they should only be attacked by chariot warriors. In the same way, it was discussed that the warrior in this test should not be attacked for scaring order to defeat the warrior. It was also said that they should not be enraged against the enemy was not trying to kill them and therefore war should only be waged in order to achieve victory. In the same way, Koran also provides rules that have to be followed by the Muslims in combat. The Catholic Church also started to promulgate teachings regarding the just war. On the other hand, among the modern sources of the law of armed conflict, there are the lawmaking treaties; customs and the general principles. In this way, these are the various sources of the law of armed conflict. References Johnson, James Turner (1998), Just War Tradition and the Restraint of War: A Moral and Historical Inquiry, New Jersey: Princeton University Press Lamb, A. (2013), Ethics and the Laws of War: The moral justification of legal norms, Routledge Roberts, Adam; Guelff, Richard, eds. (2000), Documents on the Laws of War (Third ed.), Oxford University press Walzer, Michael (1997), Just and Unjust Wars: A moral Argument with Historical Illustrations (2nd ed.), New York: Basic Books Johnson, James Turner (1998), Just War Tradition and the Restraint of War: A Moral and Historical Inquiry, New Jersey: Princeton University Press Lamb, A. (2013), Ethics and the Laws of War: The moral justification of legal norms, Routledge Roberts, Adam; Guelff, Richard, eds. (2000), Documents on the Laws of War (Third ed.), Oxford University press Walzer, Michael (1997), Just and Unjust Wars: A moral Argument with Historical Illustrations (2nd ed.), New York: Basic Books