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International Law and the Laws of War - Coggle Diagram
International Law and the Laws of War
Conciliating War’s Necessities with the Laws of Humanity
First Hague Conference took place in
May 1899
Bought together representatives from 26 sovereign states to establish international laws
Congress was dominated by European states
Included representatives from:
Ottoman Empire
Persian Empire
United States, Mexico
Japan
China
Siam
Aimed to codify the laws of war, promote peace, arbitration, disarmament, and humanitarianism
Disarmament proposals faced resistance, focus shifted to establishing common procedures and institutions for arbitration
Peace movements, international lawyers, and the Interparliamentary Union played significant roles in promoting peace and arbitration
Hague Conferences reflected a new idea that ordinary people could influence policy deliberations on war and peace
were pivotal in shaping the organisation of international life and law, and their work on codifying the laws of war laid the foundation for international humanitarian law
Today’s international humanitarian law centers on the revised Geneva Conventions of
1949
and
1977
In the late
*19th century,
/ The Hague was the paradigmatic conference seeking, to reconcile war’s necessities with the laws of humanity
International Humanitarian War: The Geneva Model
In the
1860s,
there was a resurgence of humanitarianism tied to the human costs of war
Earlier humanitarian sentiments were focused on anti-slave trade and abolition movements, spreading the language of humanity
Wars had been relatively rare in Europe since the Napoleonic era, but they returned with nationalist territorial demands and identification with minority communities in Ottoman lands
Changing nature of warfare, with conscript armies and a lack of medical attention for wounded soldiers, led to a growing public interest in war casualties and the need to address public opinion
Henri Dunant,
witnessed the inadequate medical attention given to wounded soldiers in the Battle of Solferino in
1859
, which inspired him to write "A Memory of Solferino."
Evoked humanitarian sentiments and proposed the creation of permanent voluntary relief associations and treaty laws protecting wounded soldiers and those providing medical relief
Geneva Public Welfare Society,
later known as the
International Committee of the Red Cross (ICRC),
organised two conferences to establish relief associations and coordinate the exchange of information.
First conference in
1863
led to the creation of relief associations
second conference in
1864
resulted in the signing of the Geneva Convention, which provided legal protection for wounded soldiers and medical personnel
Geneva Convention set new precedents for international agreements on rights and protections during wartime
Challenges arose, such as the Ottoman Empire's refusal to accept the red cross as a neutral sign due to its Christian symbolism
role of volunteer Red Cross societies was initially excluded from legal safeguards, but they continued to provide essential services during wartime and pushed for revisions of the Geneva Convention
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International Humanitarian War: The Hauge Models
Second working commission at The Hague in
1899
was dominated by international lawyers and was responsible for drafting Convention IV on The Laws and Customs of War on Land
Lawyers and diplomats drew on various written precedents, including the Lieber Code, the Petersburg declaration, and a draft statement on the laws of war adopted in Brussels in
1874
Second Hague Conference in
1907
focused on codifying the laws of warfare at sea, including topics such as the legality of converting merchant ships to warships, definitions of effective blockade, lists of contraband, and prize law
Established an International Prize Court as a court of appeals but left unclear which laws would govern the Court's judgments
Hague conventions introduced the concept of limiting warfare and laid down lasting principles for the waging of war, including arms control, a code of conduct for war, and the relevance of international customary law
Definition of war in the conventions was limited to international war between "civilised" states, exempting wars fought by colonial peoples against imperialist impositions
Martens Clause, inserted into the Preamble of the
1899
Convention, stated that populations and belligerents remain under the protection of international law, the laws of humanity, and the requirements of the public conscience
Also introduced statements about accountability for violations of the laws, including compensation for violations and legislation against pillage and maltreatment of the wounded
A conference in London in
1908-1909
resulted in the Declaration of London, which established an international law of prize. However, the British House of Lords rejected the bill in
1911
, and the law remained unratified
International Arbitration and Institution-Building
Hague Conferences aimed to establish concrete institutions in international society that aligned with the values of cooperation and interdependency
focused on creating intergovernmental organs through treaty law to address various areas of mutual concern, such as standardized weights and measures, postal and telegraph rates, and quarantine protocols
International Telegraph Union
(1865)
and the Universal Postal Union
(1874)
were among the early institutions established through these conferences
First Hague Conference introduced the practices of mediation and arbitration as permanent mechanisms for settling international disputes, leading to the Convention for the Pacific Settlement of International Disputes in
1899
Included provisions for good offices, mediation, international commissions of inquiry, and international arbitration
Establishment of a Permanent Court of Arbitration and a standing international bureau to oversee its operations was a subject of heated debate during the conferences- Some delegations opposed the idea of compulsory arbitration, while others, like the imperial German government, objected to a permanent court and bureau, considering them interference in diplomacy
Permanent Court of Arbitration was not continuously in session but called upon as needed, while its international bureau became permanent and gained the authority to encourage arbitration during disputes
Second Hague Conference aimed to improve upon the arbitral convention based on the experiences and practice of the Permanent Court
Convention II on The Limitation of the Employment of Force for the Recovery of Contract Debts, resulting from the conferences, established compulsory arbitration for the collection of public loans and contractual debts, protecting foreign financial investments
Two proposals made from the Americas during the conferences:
Drago Doctrine, stating that public debt should not lead to intervention
Calvo Doctrine, requiring foreign claimants to exhaust local remedies before seeking redress from their national governments
U.S. delegation proposed the creation of a second court, the Judicial Arbitration Court, to supplement the Permanent Court. It would be a judicial body with permanent judges deciding legal matters
Disagreements on how to choose judges for the court prevented its establishment, but the idea set the stage for future developments
Arbitral system established at The Hague remained influenced by geopolitical power dynamics, operating only when states agreed to it
The precedents set by the Hague conferences would later echo in the work of the Permanent Court of International Justice of the League of Nations