Basis of the Law of War

Initially, the laws of war are based on customs and practices of belligerents such as declaration of war, truce, surrender, etc. in recent times, they have become the objects of various international treaties and conventions which are adopted at international conferences. Such treaties include the Geneva Convention of 1864, The Hague conventions of 1899 and 1907, Four Geneva Red Cross convention of 1949, those dealing with the prisoners of war, the sick and wounded soldiers and the protection of

civilians. The effect of this rule is to provide the rules and regulations of war on humanitarian reasons to reduce and limit the sufferings of individuals and to circumscribe the area within which the armed conflict is allowed. Thus they are sometimes known as humanitarian laws of war. It is true that these rules have been frequently and extensively violated. But without them, general brutality of warfare would have been unchecked.

In practice, the military manuals of different states normally contain instructions to commanders in the field embodying the main principal rules and customs of war. The rules of international humanitarian law bind not only states as such but also individuals including members of the armed forces, heads of states, ministers and officials. The reason is that the United Nations is a subject of international law and bound by the whole of its rules of which the laws of war forms a part. So also at the UN of Liberia, Sudan, etc. Law of war imposes constraints on hostilities in general, conduct of combat by armed forces, behavior of combatants in war, behavior towards and treatment of persons and objects in war in particular, of evictions of persons in war, administration of and on others, relations between belligerents states. Traditionally, there are two main groups of war treaties:

v  The Hague Conventions of 1899 and 1907 governing protective means and particularly the conduct of combat, concept of occupation, the concept of neutrality. It also covers territories i.e. people moving around to secure another place. Also, cities that are not occupied are left untouched and there are laws that protect them.

v  Geneva Conventions of 1864 governing protective means for victims of war and prisoners in general. Also, those caring for the victims of armed conflict in particular, the armed forces. These people have laws that govern them; they have weapons that they can use to protect themselves. This law also deals with the victims of war. Each state that has a party to any treaty is bound by international treaties it has accepted. Such state can accept the treaty by ratification or by access. When accepting a treaty, the state is allowed to make some interpretation to the treaty. The state might also decide to make some clarifications. The state involved in hostility against one or more state is a party to the conflict. Such a State in armed conflict is belligerent while a state that is not a party to armed conflicts is called a neutral state. However, state not parties to international treaty can accept and apply the provisions of the treaty. Every state that is sovereign can accept the treaty. For a state to be sovereign it must have control of its territory which comprise of a National Territory made up of the land, the territorial waters of the state and the national airspace of the state.

The national territory extends over geographical land space of a country. The territorial waters extend to various waters. All waters between the line of mean high tided and the line of ordinary low water. Also, all water sea ward to the three nautical miles off the shore.

The territorial waters cover that side of the sea adjacent to the coast of a given country which is by international law deemed within the sovereignty of the nation. Such country will have jurisdiction over offenses committed on the water even by a person on board of a foreign ship.

The National air space comprise of the air space of the territory and the territorial waters. In addition, National territory of the state extends to the national straits, artificial canals and straight archipelago (highland within the sea). The law of war first applies to hostilities and to resisted occupations.

The law of war must be respected by the government, military and civilian authorities of nations as well as by military and civilian persons. State and belligerent parties may conclude special agreement on partial matters. However, such agreement may not reduce the protection granted by the law of persons and objects. No person may remove in part or in entirety the right secured to him by the law and by special agreement concluded by the state and belligerent parties. 

Categorization of persons and Objects under the International Law or War

ü  Combatants: This means any member of armed forces except medical personnel and religious personnel while engaging in combat action in a military operation. They must distinguish themselves from the civilian population. Members of the regular and assimilated armed forces normally distinguish themselves by their uniform. Members of other armed forces have a fixed recognizable and distinctive sign and carry their arms openly. The combatant is deceived by a civilian if he carries his arms openly during any military engagement and must be visible to the enemy while he engages in military operation.

ü  Participant in Leveenynasse: This refers to the inhabitant of non-occupant territory who on the approach of the enemy, spontaneously en-mass take up arms to resist the invading forces without having hard time to force themselves into various unit organized armed forces. They are regarded as combatants if they carry arms openly and respect the laws of armed forces. If they are captured, they have the right to be treated as prisoners of war.

ü  Civilian Persons: This means any person who does not belong to the armed forces or to any volunteer Corps and resistance movement. The civilian population comprises of all persons who are civilians and in case of doubt, such person shall be considered a civilian. Persistence within the civilian operations of individuals other than civilian persons does not deprive it population of civilian character. Many journalists engage in dangerous professional missions in areas of armed conflict. In international and non-international armed conflict, civilians are protected by special rules of the international law i.e. Geneva Conventions III Article IV, Geneva Convention IV Part two, Article 13 notes that civilian persons make up civilian operations.

ü  Military Objectives: They are armed forces, the establishment buildings and positions where armed forces or materials are   located. It includes other objectives which by the nature, location, purpose or use; make an effective contribution to military actions and by any other means relating to a definite military advantage. Civilian persons with military objectives share the danger to which the latter are exposed to.

ü  Civilian Objectives: Civilian object means any object which is not a military object. However, object that are civilian objects can according to military situation become military objectives e.g. a house or bridge used by the defender.