Arms Control and the Laws of War

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Arms Control and the Laws of War
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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.

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World War I

The War to End All War
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Laws of War
The Ultimate Oxymoron?
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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
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Laws of War
Modern Considerations
UN charter
Geneva Conventions
Hague Conventions
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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
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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
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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
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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
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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
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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

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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)

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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

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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

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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

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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
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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

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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

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Arms Limitation
Can be considered almost a separate branch of the
Laws of War

Attempts to limit or ban entirely certain weapons
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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
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First Arms Limitation?
Crossbow
Banned by Pope Innocent II for use in killing
Christians. Second Lateran Council 1139
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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
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Arms Limitation
Interest in arms limitation increased as war has
become come mechanized and weapons more deadly
and expensive
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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
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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
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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
Württemberg.
U.S. not a signatory.
Only binding during war between signatories.
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Arms Limitation
Modern Controversy
Just because you are not a signatory, should you
still abide by a humanitarian arms limitation
treaty?
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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
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Arms Limitation
Modern Controversy
Video Canadian Snipers Afghanistan
Video
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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
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Arms Limitation
Washington Naval Treaty (1922)
Limits on capital ships US 525,000 tons
Britain 525,000 tons 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
Ratio 5 5 3 1.7 1.7
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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)

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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

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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

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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
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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
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Battle Cruisers

USS Lexington CC-1 Displacement 43,500 tons
Main Armament eight 16-inch guns
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Aircraft Carriers

USS Lexington CV-2
Displacement 33,000 tons
Note 8 in. guns
USN photo http//www.history.navy.mil/photos/sh-us
n/usnsh-l/cv2.htm
1929
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Aircraft Carriers

USS Lexington CV-2
Note 5 in. guns
Oct 1941
USN photo http//www.history.navy.mil/photos/sh-us
n/usnsh-l/cv2.htm
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Aircraft Carriers
USS Lexington CV-2
Displacement 35,000 tons (wartime)
USS Essex CV-9
Displacement 27,100 tons
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Significance of Treaties
it still happened
Little impact on World War II
No use of poison gas
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End