LEGAL FRAMEWORK OF TEE LAWS OF WAR

 

 

18.       Earlier, long standing customary practices used to regulate the use of forces during the time of war. After l9th Century these customary practices have given place to rules framed in treaties and convention. The following treaties and conventions are the most important amongst those, which have prescribed certain laws of war:

 

a.         Declaration of Paris 1856:            This declaration was the first attempt to prescribe certain rules, regarding the regulated use of force.

 

b.         The Geneva Convention 1864:       On 22 August 1 t64 Switzerland, Belgium, Denmark, Spain, France, Italy, the Netherlands, Portugal, Persia and West German States entered into an agreement which set forth rules for the amelioration of the condition of the wounded soldiers in land of armed conflict. The convention acknowledged the neutral character of ambulances, military hospital and the staff employed in the hospitals.

c.         The Declaration of St Petersburg 1868: This declaration prohibited the use of certain kind of projectiles.

 

d.         The Brussels Conference 1874: According to this conference bombarding of undefended towns or villages and of buildings devoted to religion, arts, science and hospitals were prohibited.

 

e.         The Hague Convention of 1899: This convention prohibited use of certain expanding bullets known as Dum bullets. This also prohibited the projecting or exploding of deleterious and dangerous gases.

 

f.          The Hague Convention of 1907: The convention prescribed rules regarding the use of flag troops, uniform of the enemy and improper use of distinctive badges etc. The convention also forbade killing or wounding an enemy who laid down his arms. Some of the significant of these agreements may be listed as under:

 

(1)        1907 Hague Convention respecting the laws and Customs of War on Land (Hague IV).

 

(2)        1907 Hague Convention respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land (Hague V).

 

(3)        1907 Hague Convention relating to the laying of Automatic Submarine Contract Mines (Hague VIII).

 

(4)        1907 Hague Convention concerning Bombardment by Naval Forces in time of War (Hague IX).

 

(5)        1907 Hague Convention for the Adaptation of Maritime Warfare of Principles of the Geneva Conventions (Hague X).

 

(6)        1907 Hague Convention relating to certain restrictions with regard to the Exercise of the Right of capture in Naval War (Hague XI).

 

(7)        1907 Hague Convention concerning the Rights and Duties of Neutral Powers in Naval War (Hague XIII).

g.         The Geneva Convention in 1925: This convention prescribed rules prohibiting the use of poisonous gases and indulging in bacteriological warfare.

 

h.         The Geneva Convention in 1929: This convention formulated rules concerning treatment of the sick and wounded and of the prisoner of war.

 

j.          The Submarine Rules Protocol in 1936: London protocol in regard to the operations of Submarines of other War Vessels with respect to Merchant Vessels (Part IV of the 1930 London Naval Treaty).

 

k.         The Geneva Convention in 1949 (Red Cross): Four Conventions were concluded relating to:

 

(1) 1949 Geneva Convention (I) for the Amelioration of the condition of the Wounded and Sick in Armed Forces in Field (Hague XIII).

 

(2)        1949 Geneva Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Member of Armed Forces at Sea.

 

(3)        1949 Geneva Convention (III) relating to the Treatment of prisoners of  War.

 

(4)        1949 Geneva Convention (IV) relating to the protection of civilian Persons in time of War (Hague XIII).

 

l.          1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on Their Destruction.

 

m.        Geneva Conference on 1977:         This conference adopted two protocols namely:

 

(1)        1977 Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International Armed Conflict (Additional Protocol).

                        (2)        1977 Protocol Additional to the Geneva conventions of 1949 and

Relating to the Protection of Victims of Non-International Armed Conflicts (Additional Protocols).

 

P.         1980 Convention on prohibitions or restrictions on the use of certain Conventional Weapons which may be deemed to be excessively injurious or to have indiscriminate effects.