Laws of war

Natural Law vs. Positive Law In spite of the personal opposition to the issue of slavery, President Abraham Lincoln took office in 1861 citing his constitutional duty of keeping the nation together rather than abolishing slavery. Lincoln intended to reunite the Union. Nonetheless, there were critical issues during the war, which compelled him to contend with slavery under his leadership. Some of these issues include enormous military losses and the high number of slaves who had the opportunity to escape behind the battle lines. Lincoln sought to issue the preliminary Emancipation Proclamation in 1862 before the final one in 1863, thus, the platform to change the meaning of war. The purpose of this essay is to explore the positive and natural…

After the Civil War, African Americans were supposed to be free and treated equal, but many people, especially in the south, still showed animosity towards them and many still saw African Americans as inferior. There were laws such as the Black Codes and Jim Crow laws that kept them segregated from White Americans and many African Americans still struggled to find jobs and positions of power. Almost immediately after the Civil War, Southern states who were fighting against the black’s rights,…

The Just Conduct in War or "Jus in Bello," is a concept of Just War Theory that aims to limit the actions of war, to provide international rules that guarantee justice and rights combatants, prisoners, civilians and their goods in conflicts. The genesis of this concept was mentioned by Francisco de Vittoria, considered the father of public international law, who postulated that the war should be strictly limited for the most disadvantaged, as Nardin (P.60) pointed out: “Vittoria insist that war…

When fighting a war you want to try and do any and everything you can to turn the tide in your advantage. Going back all the way to the development of rifling in barrels, the development of the minie ball, or the development of the Gatling gun; innovation has been the centerpiece in the evolution of war. These developments were meant to give the side using them a significant tactical advantage. Every single one of these gave their side an advantage and was instrumental in winning the war they…

720511058 Michael Walzer’s Moral Principle of Equality Traditional Just War Theory (JWT) contains at its core a principle Walzer calls the moral equality of combatants. According to this principle, combatants on various sides of a war possess the same right to kill, regardless of the justice of the cause for which they are fighting. Walzer’s argument is roughly that a modern day solider, whether for a just case or not, does not freely choose to fight. One is conscripted into service, or…

how natives were perceived and acknowledged was greatly influenced by the concept of othering and exclusion. Terms such as uncivilized, barbarian and savage were used to define and characterize them because they didn’t fit the European standards and ideals. In international law, the core…

Normally I would avoid cliché terms and avoid referencing overly used pop culture references, but this one is very appropriate given the topic. “War” originally written by Norman Whitfield and Barrett Strong was one of the first politically charged Motown songs wrote in protest of the Vietnam War. First sang by the Temptations this song became the first of many Motown songs to declare political protests on the world climate, but for my generation many recognize the song as being soulfully…

Throughout centuries of wars, there has been much blood shed and territory gained. Although these were particularly gruesome times, laws and guidelines were starting to take effect in order to limit the destruction countries can inflict upon one another. Larger nations would maintain the ability to wipe out smaller nations, but the use of unethical weapons was outlawed. This was a large step in how wars were fought because it gave order to a chaotic activity. Among these rules were laws that…

jus in bello rely on a distinction between combatants and non-combatants. Stephen Coleman has questioned whether this distinction is relevant to conflicts in the twenty-first century. Write a paper in which you: a. Explain the distinction and the justification for it. b. Describe the features of contemporary wars that make the distinction harder to describe or harder to apply d. Explain whether you think the distinction should be accepted as traditionally defined, accepted but…

The “Just War Theory” (JWT) is a body of thought that has been constructed over many centuries. The theory is widely contested and has many critics. JWT discusses certain situations and instances in which the use of physical force is “justified” to accomplish desired outcomes. I consider this physical force or aggressive action an act of “war.” In my work, I will discuss how the environment is incorporated into this, and if it plays a factor in justifying “aggressive acts.” I will also take…