Arms Control and the Laws of War

Lesson Objectives

Begin to understand the history of efforts to place

limits on warfare.

Understand the meaning of the concept of "Laws

of War".

Be able to describe the genesis of the current Law

of War, particularly in the 20th century.

Begin to understand the history of arms limitation

as a tool for reducing the threat and impact of war.
 World War I

The War to End All War

 Laws of War

The Ultimate Oxymoron?

 Laws of War

Roots:
Religious texts and doctrine

Codes and rules of armies

Precedent
Reciprocity

An attempt to bring order and restraint to chaos and brutality

 Laws of War
Modern Considerations:
UN charter
Geneva Conventions
Hague Conventions
 Laws of War
Two Distinct Strata

Jus ad bellum (law to war)

Jus in bello (law in war)

Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
 Laws of War
Two Distinct Strata

Jus ad bellum (law to war)

Deals with the reasons and justification for the
use of force (for going to war)

Traditional considerations:
Declared by a "legitimate" authority.
Initiated for a good (just) reason
Employed as a last resort

Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
 Laws of War
Two Distinct Strata

Jus ad bellum (law to war)

Deals with the reasons and justification for the
use of force (for going to war)

Jus in bello (law in war)

The real Laws of War
Deals with the conduct of war once joined

Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
 Laws of War
Definition

The laws of war (Jus in bello) 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.

Wikipedia
http://en.wikipedia.org/wiki/Laws_of_War
 Laws of War
General Principles

Force should be use to restrain & restrict adversaries, not kill

Soldiers who surrendered should not be killed.
Non-combatants (unarmed civilians) should not be targeted
Indiscriminate (no specific target) force & weaponry prohibited
Unnecessary suffering prohibited.

Schaun Groves
Just War Part 7: Jus Ad Bellum & Jus In Bello
http://readshlog.blogspot.com/2005/10/just-war-part-7-jus-ad-bellum-jus-in.html
 Declaration of War

One of the criteria for a just (legal) war

Recognizes that a state of hostility exists
Usually declared by the national sovereign
Evokes a series of legal considerations
Relations with other (neutral) nations
Laws of War
International treaties
 Treaties & Protocols
Precedents for the Laws of War

Declaration of Paris (1856)

Maritime warfare (outlawed privateering)

General Order No. 100 (Liebers Code 1863)

Code of conduct for soldiers on the battlefield

Geneva Convention (1864)

Condition of wounded on the battlefield

Hague Convention (1899)

 Treaties & Protocols
Precedents for the Laws of War

Hague Convention (1899)

Hague I: Settlement of Pacific Disputes
Hague II: Laws & Customs of War on Land
Hague III: Adopted to Land Warfare Principles of
Geneva Convention of 1864 (Treatment of Wounded)
Hague IV: Prohibiting Launching of Projectiles and
Explosives From Balloons
 Treaties & Protocols
Precedents for the Laws of War

Hague Convention (1907)

Hague I: Pacific Settlement of Disputes
Hague II: Limitation of Employment of Force for
Recovery of Contract Debts
Hague III: Opening of Hostilities
Hague IV: Laws and Customs of War on Land
Hague V: Rights and Duties of Neutral Powers and
Persons in Case of War on Land
Hague VI: Status of Enemy Merchant Ships at the
Outbreak of Hostilities
 Treaties & Protocols
Precedents for the Laws of War

Hague Convention (1907) (continued)

Hague VII: Conversion of Merchant Ships into War Ships

Hague VIII: Laying of Automatic Submarine Contact Mines
Hague IX: Bombardment by Naval Forces in Time of War
Hague X: Adaptation to Maritime War of the Principles of
the Geneva Convention
Hague XI: Restrictions With Regard to the Exercise of the
Right of Capture in Naval War
Hague XII: International Prize Court
Hague XIII: Rights and Duties of Neutral Powers in Naval
War
 Treaties & Protocols
Precedents for the Laws of War

Kellogg Briand Pact (1928)

Renounced war as an instrument of national policy
Negotiated between
Fran B. Kellogg US Secretary of State
Aristide Briand French Foreign Minister
Ultimately 62 nations signed the agreement
Failed in goal of preventing war
First Violation: Japan in Manchuria (1931)
Served as basis for concept of crime against peace
Nuremburg Trails (1945-1949)
Still in force
 Treaties & Protocols
Precedents for the Laws of War

Geneva Convention (1928)

Prohibit Use of Gas and Biological Methods of War

Geneva Convention (1929)

Treatment of Prisoners of War

Geneva Convention (1949)

I: Care of Sick and Wounded in the Field
II: Care of Sick, Wounded and Shipwreck at Sea
III: Treatment of Prisoners of War
IV: Protection of Civilians in War
 Treaties & Protocols
Precedents for the Laws of War

Geneva Convention (1975)

Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction
 Arms Limitation

Can be considered almost a separate

branch of the Laws of War

Attempts to limit or ban entirely certain weapons

 First Arms Limitation?

Crossbow

By 11th & 12th centuries, crossbows could penetrate armor of knights.

Threaten to upset the balance of power:
Semi-skilled peasants could anonymously kill gentlemen
 First Arms Limitation?

Crossbow

Banned by Pope Innocent II for use in killing Christians.

Second Lateran Council 1139
 First Arms Limitation
Second Lateran Council
Canon 29

We prohibit under anathema that

murderous art of crossbowmen and
archers, which is hateful to God, to
be employed against Christians and
Catholics from now on.
Pope Innocent II

EWTN: The Global Catholic Network

http://www.ewtn.com/library/COUNCILS/LATERAN2.HTM
 Arms Limitation

Interest in arms limitation increased as

war has become come mechanized and
weapons more deadly and expensive
 Arms Limitation
Early Attempt

St. Petersburg Declaration of 1868

an International Military Commission having assembled at St. Petersburg in order to
examine into the expediency of forbidding the use of certain in times of war between civilized
nations, the undersigned are authorized by the orders of their Governments to declare as
follows:

Considering that the progress of civilization should have the effect of alleviating as much as
possible the calamities of war:

That the only legitimate object which States should endeavour to accomplish during war is to
weaken the military forces of the enemy;

That for this purpose it is sufficient to disable the greatest possible number of men;

That this object would be exceeded by the employment of arms which uselessly aggravate the
sufferings of disabled men, or render their death inevitable;

That the employment of such arms would, therefore, be contrary to the laws of humanity;
 Arms Limitation
Early Attempt

St. Petersburg Declaration of 1868

an International Military Commission having assembled at St. Petersburg in order to
examine into the expediency of forbidding the use of certain in times of war between civilized
nations, the undersigned are authorized by the orders of their Governments to declare as
follows:

Considering that the progress of civilization should have the effect of alleviating as much
as possible the calamities of war:

That the only legitimate object which States should endeavour to accomplish during war is
to weaken the military forces of the enemy;

That for this purpose it is sufficient to disable the greatest possible number of men;

That this object would be exceeded by the employment of arms which uselessly aggravate
the sufferings of disabled men, or render their death inevitable;

That the employment of such arms would, therefore, be contrary to the laws of humanity;
 Arms Limitation
Early Attempt

St. Petersburg Declaration of 1868

The Contracting Parties engage mutually to renounce, in case of war
among themselves, the employment by their military or naval troops of
any projectile of a weight below 400 grammes, which is either
explosive or charged with fulminating or inflammable substances.

Intent: Ban the use of fragmentation, explosive, or incendiary small

arms ammunition. (Wikipedia)

Signatories: Austria-Hungary, Bavaria, Belgium, Denmark, France, the United

Kingdom, Greece, Italy, the Netherlands, Persia, Portugal, the North German
Confederation (i.e., Greater Prussia), Russia, Sweden, Norway, Switzerland,
Turkey (i.e.,the Ottoman Empire), and Wrttemberg.

Only binding during war between signatories. U.S. not a signatory.

 Arms Limitation
Modern Controversy

Just because you are not a signatory, should you

still abide by a humanitarian arms limitation treaty?
 Arms Limitation
Modern Controversy

Weapon: .50 cal McMillan Tactical Sniper Rifle

http://www.eme421.com/50calmac.html

Bullet: Raufoss Round

http://en.wikipedia.org/wiki/Raufoss_Mk_211
 Arms Limitation
Modern Controversy

Video: Canadian Snipers

Afghanistan

Video
 Arms Limitation

Washington Naval Treaty (1922)

Response to post WW I naval building programs

Limited tonnage, armament on capital ships
and aircraft carriers
Five major naval powers
US, Britain, Japan, France, Italy
 Arms Limitation
Washington Naval Treaty (1922)

Limits on capital ships

US: 525,000 tons
Britain: 525,000 tons
Ratio 5 : 5 : 3 : 1.7 :1.7
Japan: 315,000 tons
France: 175,000 tons
Italy: 175,000 tons
No capital ship could exceed 35,000 tons

Armament Limitation: 16-inch guns maximum

 Arms Limitation
Washington Naval Treaty (1922)

Limits on aircraft carriers

US: 135,000 tons
Britain: 135,000 tons
Japan: 81,000 tons
France: 60,000 tons
Italy: 60,000 tons
Each nation could have two carriers up to 33,000 tons;
remaining carriers limited to 27,000 tons each.

Armament Limitations: 8-inch guns (max of 8 per ship)

 Arms Limitation
Washington Naval Treaty (1922)

Other Limits:
All other ships limited to
10,000 tons each (no limit on total tonnage)
8-inch guns or less
 Arms Limitation
Washington Naval Treaty (1922)

Impact of Treaty:
Navies modified existing capital ships
Unusual designs evolved (treaty battleships, treaty
cruisers) to remain within tonnage restrictions
US built no battleships 1918-1937
US concentrated on cruisers, aircraft carriers
 Treaty Battleships

HMS Nelson
Displacement: 33,950 tons Main Armament: nine 16-inch guns

Post-Treaty:

USS North Carolina

Displacement: 35,000 tons Main Armament: nine 16-inch guns
 Treaty Cruisers

USS Northampton CA-26

Displacement: 9,000 tons Main Armament: nine 8-inch guns

Post-Treaty:

USS Baltimore CA-68

WW II cruiser: more secondary armament
Displacement: 15,500 tons
 Battle Cruisers

USS Lexington CC-1

Displacement: 43,500 tons Main Armament: eight 16-inch guns
 Aircraft Carriers

USS Lexington CV-2

Displacement: 33,000 tons

Note: 8 in. guns

USN photo
http://www.history.navy.mil/photos/sh-usn/usnsh-l/cv2.htm
1929
 Aircraft Carriers

USS Lexington CV-2

Note: 5 in. guns

Oct 1941
USN photo
http://www.history.navy.mil/photos/sh-usn/usnsh-l/cv2.htm
 Aircraft Carriers

USS Lexington CV-2

Displacement: 35,000 tons (wartime)

USS Essex CV-9

Displacement: 27,100 tons
 Significance of Treaties

Little impact on World War II : it still happened

No use of poison gas
End