INTRODUCTION

1.         War is a contest between two or more states through their armed forces with the ultimate object of each contestant or each contestant group for vanquishing the other or others and imposing his or their own supremacy conditions of peace.' Though this definition of war has a legal basis but in the modern age it is often seen that war takes place not only between the armed forces of the belligerent states, but also affects the citizens of the stale concerned Dropping of atom bombs at Nagasaki and Hiroshima and subsequent unprecedented devastations is the most glaring example of it.

2.         Though the term 'War' is generally used to denote Armed Conflicts, it does not suggest only one idea. War, to the general sense of the term, might include war in the strict sense of the term, non-war Armed Conflicts or sometimes it eight even include a situation where there is no armed conflict at all. For example, the hostility in Korea (1950-1955), fighting between Indochina (January 1947-1954) and the Conflict regarding the Suez in 1956 are instances of non-war Armed Conflicts. In the same way Japan described its hostile activities against China as the China incident.

3.         War is not the shelling and shooting but it is what happens afterwards and thus the laws of war aims at limiting and alleviating as much as possible the calamities of war. Therefore, the laws of war conciliates military needs and requirements of humanity and thus makes the distinction between what is permitted (Legal) and what is not permitted.

4.         Since the laws of War can not establish detailed provision for all eventualities, precisions are to be made. This can only be done and must be done at national level according to the particular situations and needs of each state. Thus within each state the modern laws of war must be considered with a strategic approach.

BACKGROUND

7.         Here the lesson should be represented with a short background of the Laws of Armed Conflict. It has existed since ancient history. The main reason for its creation was purely practical in nature, it enhanced the war effort. During the Middle Ages in Europe, religious interests and the concept of chivalry influenced the development of the laws of war. Moral and humanitarian cum practical concerns, contributed to the development of the laws of war.

LAWS OF WAR:  WHAT IT IS

8.         The Laws of  Armed Conflict is the part of International law which regulates the conduct of the armed hostilities, it deals with the inception, conduct and the termination of war. It also regulates the relationship between states at war and the states which remain neutral daring war.

9.         This body of law is not designed to impede the effective waging of war. It is, instead, to make sure that the violence of war is used it defeat the enemy forces and not merely to cause purposeless, atrocities and unnecessary human misery. If followed, the Laws of Armed Conflict will keep the war in its proper channel and prevent it from needlessly affecting persons and things of little military value. By preventing needless cruelty, the bitterness and hatred arising from war to lessen and thus it is easier to restore peace.

10.       The laws of war aims at limiting and alleviating as much as possible the calamities of   war. Therefore, the law of war conciliates military needs and requirements of humanity. If thus makes the distinction between what is permitted (legal) and what is not permitted.

SOURCES

11.       We know that the Laws of Armed I conflict is a part of international law and like all international law. It comes from basic sources.

a.            Customs (Practices of State): It may be found in the decisions of national courts, international tribunals anal decision/ declarations consensus of international organizations. The laws of war were initially entirely customary that us based on established practice or custom (e.g. declarations of war, truce, surrender etc).

b.            International Agreements: It has now become more and more the object of international treaties adopted in international conferences. Traditionally there were two main groups of laws of war treaties.

(1)                The Hague Conventions: Ruling hostilities to general and the conduct of combat, the concept of occupations and neutrality in particular.

(2)                The Geneva Conventions: With protective provisions relating to victims of armed conflict,  prisoners of war, wounded, sick or shipwrecked the dead civilian persons in general and carrying for those who looks for the victims of armed conflict, in  particular , the medical services.

(3)            The original clear distinction between Hague and Geneva law has gradually been reduced but in essence, the distinction between 'Hague type' and ‘Geneva type’ remains useful for the practical understanding of the laws of war.