Laws of war
The laws of war 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.The laws of war are mandatory toward nations bound by the appropriate treaties, primarily the Geneva conventions and Hague conventions, as well as customary unwritten rules of war. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories.
The laws of war were inspired by the desire to diminish the evils of war by:
- Protecting both combatants and noncombatants from unnecessary suffering;
- Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians; and
- Facilitating the restoration of peace.
Other examples of the laws of war address declaration of war, acceptance of surrender and the treatment of prisoners of war; the avoidance of atrocities; the prohibition on deliberately attacking civilians; and the prohibition of certain inhumane weapons. It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniform or other easily identifiable badge and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform, is also strictly forbidden, as is the taking of hostages.
During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal.
Soldiers who break specific provisions of the laws of war lose the protections and status afforded as prisoners of war. For example, in World War II during the Battle of the Bulge, German SS troops put on American uniforms and impersonated American troops in order to surprise and kill American soldiers behind their own lines. Some of these Germans were captured and immediately executed even though they had surrendered.
Spies and terrorists are not protected by the laws of war; depending on the circumstances, they may be subject to civilian law or military tribunal for their acts and in practice have been subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Countries that have signed the UN Convention Against Torture have committed themselves not to torture captured terrorists.
After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law.