·      Body of rules that regulate warfare (a.k.a. Laws of War, Int. Humanitarian Law, Law of Armed Conflict, Int. Law of Armed Conflict “ILOAC”)

International Law & War

·      The ILOAC regulate the onset, conduct, disputes that cause war, and the end of Warfare, and the prosecutions that come during or after the war

Models of the Impact of ILOAC

o   Society’s Value impact the degree of respect for the Laws of war

American Civilians vs. Others

o   52% agreement in USA

Kunduz Province Massacre: 2010

o   German Army Chief of Staff, and German Defense Minister were both fired

US response to torture in Iraq

o   Societal differences

US response to torture in Cuba

·      People were tortured to verify that they had no Intel

America: A torture Nation?

o   Legislative & Executive Branch

Public Opinion after Torture report

·      28% Support future enhanced Interrogation Techniques

The US in Response to War Crimes

o   Prosecute our Own* (only if we must)

Haditha Killings

·      Of the Eight American Soldiers Charged, 1 was not Guilty, 6 were dismissed on all charges, Frank Wuterich Trial (2012)

§  Reached a sentence of 0 days

Haditha Killings Investigations

·      Iraq: Killings

Robert Bales

o   When will he leave jail?

·      Cincinnatus

o   Discriminated and Differentiate his targets

·      Achilles

o   Killed All and everyone

War Crimes Act of Act 1996

·      Life & Death Penalty (Even the President)

Hamdan v. Rumsfeld (2006)

·      Unable to prosecute a POW

USSC: Covered by 1996 Act

o   Applies to War on Terror

USSC: Enhanced interrogation leads to Prosecution of US Citizens

o   New legislation appears, Military Commissions act 2006

Military Commission Act 2006

·      Signed by the President

Hamdan: Post-2006

·      2012, US Court cleared him of all Charges

Implications of Hamdan (2012)

·      War Crimes of terrorism include killing as WC’s, but Material Support is not included as WC’s

Hamdam: Post 2006

·      The implications of the clearing: Terrorism activity counted as a war crime when you kill someone. When it is providing support such as material or transportations goes to ordinary international crime.

ILOAC

-       Nuremberg only applies to losers not the winners. Tokyo- Douglas MacArthur controlled the Tokyo tribunals

Post cold war tribunals

-       ICC

Changing Targets and Victims of war

-       90% Civilian Deaths in the 21^st Century

Changing Nature of Conflict.. Inter state vs intra state

Intra-State (within its own state) is continually increasing

·      Traditional War

§  Panama (1989)

·      Non-Traditional War

§  Syria (2013)

The Causes of War (Levels of Analysis)

·      International Level

Individual Level of Analysis

o   Crisis Response

State Level of Analysis

o   Religion/Ethnicity

International Level of Analysis

Key Variables

·      Alliances

Mitigating Religious Differences

·      Economic Development

International Law: Legality

·      Illegal

Legal Conceptions of War

o   Government v. Non-State

Necessary Pre-Conditions for ILOAC

·      Must be a Rational War

o   Most wars are lost due to miscalculations

·      Must be in pursuit of Limited Objectives

Must be a Rational War