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Laws Of War - College Papers

Laws Of War


The term "" refers to the rules governing the actual conduct of armed
conflict. This idea that there actually exists rules that govern war is a
difficult concept to understand. The simple act of war in and of itself seems to
be in violation of an almost universal law prohibiting one human being from
killing another. But during times of war murder of the enemy is allowed, which
leads one to the question, "if murder is permissible then what possible "laws of
war" could there be?" The answer to this question can be found in the Charter
established at the International Military Tribunals at Nuremberg and Tokyo:

Crimes against Humanity: namely, murder, extermination, enslavement, ...

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for all acts performed by any persons in
execution of such plan.1

The above excerpt comes form the Charter of the Tribunal Article 6 section C,
which makes it quite clear that in general the "laws of war" are there to
protect innocent civilians before and during war.

It seems to be a fair idea to have such rules governing armed conflict in order
to protect the civilians in the general location of such a conflict. But, when
the conflict is over, and if war crimes have been committed, how then are
criminals of war brought to justice? The International Military Tribunals held
after World War II in Nuremberg on 20 November 1945 and in Tokyo on 3 May 1946
are excellent examples of how such crimes of war are dealt with. (Roberts and
Guelff 153-54) But, rather than elaborate on exact details of the Tribunals of
Nuremberg and Tokyo a more important matter must be dealt with. What happens
when alleged criminals of war are unable to be apprehended and justly tried? Are
they forgotten about, ...

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situation. During World
War II the Nazis were persecuting Jews in their concentration camps. At this
time the state of Israel did not exist. The ending of the war meant the ending
of the persecution, and when the other countries discovered what the Nazis had
done Military Tribunals quickly followed. Some of the accused war criminals were
tried and sentenced, but others managed to escape judgement and thus became
fugitives running from international law. Israel became a state, and thus, some
of the Jews that survived the concentration camps moved to the state largely
populated by people of Jewish ancestry. Israel felt a moral commitment because
of its large Jewish population and set ...

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PAPER DETAILS
Added: 11/10/2006 12:03:28 PM
Category: Legal Issues
Type: Premium Paper
Words: 3430
Pages: 13

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