There have always been rules of war, but the modern codification of how States treat their enemy’s casualties and prisoners dates to the Hague and Geneva conventions convened around the turn of the 20th century. In America, there was also the Lieber Code, which addressed ethical issues such as summary executions during the Civil War.
After 9/11, there was a re-think about how the laws of war applied in a conflict involving non-state actors, who did not play by the rules. The British Army was deeply involved in this ethical debate about morality in asymmetric war and military interventions. Three of the key issues were: the use of torture, assassination and nuclear weapons.
Part of the argument to abide by the rules is based on the premise that if you break the rules, your enemy will do the same; a good example of this is the bombing of civilian targets in World War II, which was a policy started by Hitler, but ultimately used by all the main belligerents. In the current Middle East conflicts, one can think of the targeting of medical facilities, which is against international law, but is being perpetrated by the current protagonists. Interestingly, in world war II the assassination of state leaders was never used by the Allies or Axis Powers.
There are three legal justifications for going to war: self-defence; a treaty obligation (e.g. NATO article 5), and a United Nations Security Council Resolution (e.g. to prevent genocide). The dilemma for the United States in the next two weeks is somehow to justify entering the war with Iran legally and deciding whether it will abide by the rules of war (there is a difference between jus ad bello and jus in bello). What is at stake is America’s acknowledged position as the leader of the Free World and the Rules Based International Order.
Tomorrow, I will discuss the consequences of hybrid war.











