Questions concerning declaration of war, acceptance of surrender, the treatment of PoWs, military necessity, distinction (i.e. international humanitarian law governing the legal use of force in an armed conflict, to distinguish between combatants and civilians), proportionality, and the prohibition of certain weapons. It is distinct from belligerents' domestic law, which may provide additional legal limits to the conduct or justification of war.
Questions tagged [laws-of-war]
95 questions
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Why are Russian combatants in Ukraine considered soldiers rather than terrorists?
The question bothers me since February 2022. Why (legally) are Russian combatants in Ukraine considered soldiers (thus POWs when captured) rather than terrorists?
There is no formal declaration of war.
They are members an organization (Russian…
abukaj
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Can prisoners of war be exchanged against their will?
Assume the following situation:
You live under an authoritarian regime.
Your country is at war with another country, which has a far more favorable human rights record.
Your attitude of your regime is critical, and you see the war as…
user149408
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Would it be legal according to the laws of war if Ukrainian forces killed Putin in Moscow?
We know pretty well where Putin will be on May 9: He will be the guest of honor at the Moscow victory day parade. As president, he is the commander in chief of the Russian armed forces.
If the Ukrainian forces got heir hands on, say, a conventional…
Peter - Reinstate Monica
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2022: Is Ukraine at war with Russia?
What exactly needs to happen in order for these two countries to be at war? Is it enough that one of the two sides make a declaration of war?
gatorback
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Do persons accused of being "enemy combatants" have the right to a speedy trial, or can the US government hold them for as long as the govt wishes?
In a recent Senate session, they were discussing the release of all Guantanamo Bay detainees. Senator Lindsey Graham claimed that since the people held there were enemy combatants, they did not have the same rights as ordinary criminal enterprises,…
moonman239
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Combatants with a base under unknowing hospital
In this BBC Verify video (at timestamp 10:10), Sir Geoffrey Nice claims that if the staff of a certain hospital did not actively allow there to be a Hamas base under the hospital, then, even if such a base did exist, the hospital would retain its…
Joel K
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Do the laws of war cover misinformation and psychological warfare?
On April 22nd 2022, the state-owned Rossiya 1 TV channel (which is widely seen as a Kremlin mouthpiece) reported that British prime minister Boris Johnson had "threatened to carry out a nuclear strike against Russia, if needed, without consulting…
curiouser
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Does the Geneva Convention apply to the party denying that the war is going on?
Suppose a country R invades another country U without declaring war and insists that the invasion is not a war, but a "special operation", aimed at liberating U's citizens from U's government, or some BS like that. U's position, on the other hand,…
Michael
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What happens if Congress declares war, but POTUS refuses to fight it?
By Article I, Section 8, Clause 11 of the US Constitution, the power to declare war is with the Congress.
Today (03/20/17), during a committee hearing, Ms. Speier, accused Russia (I assume she meant the Russian Federation) of having committed an act…
grovkin
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Can a country start sending troops before declaring war?
Can a country send invasion forces before an official declaration of war?
So, if the US wants to invade France, can they, under international law, officially declare war by the time their aircraft carriers are already half way across the Atlantic,…
Davidmh
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What's counts as "taking active part in the hostilities" under the Geneva Convention?
The Geneva Convention relative to the Protection of Civilian Persons in Time of War states that
Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by…
R.M.
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Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
Has any military personnel servicing a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
Democratic is of course a gray scale so give that condition the benefit of a doubt when it is questionable (e.g.m…
d-b
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What constitutes murder in war?
So, there is a man, Gibril Massaquoi, on trial in Finland for things he allegedly did during the Liberian Civil War. Among the charges is murder.
Here's the thing: in war, it is generally to be hoped that everyone involved has premeditated ending…
HAEM
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At what point can a surrendered military force resume fighting?
Scenario
A military unit is about to be overrun by the enemy; to preserve the lives of his men, the commander elects to surrender. The entire force surrenders to the enemy, so there was no fighting going on after the surrender. However, during the…
Werrf
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Can military necessity override POW rights?
Here are some hypothetical situations where respecting POW rights interferes with achieving a military objective:
A mechanized column has a time-sensitive objective to capture a town. The column came across an unsuspecting enemy, managed to ambush…
Andrey Godyaev
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