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U.S. war response
The United States, for better or worse, is fully engaged in a war like no other before war previously fought. Put simply, the rules have changed for armed combatants and, while treatises such as the Geneva Convention and the Law of Armed Conflict provide general guidelines, it is important to recognize that, with changing armed conflicts, so, too, must the rules of engagement change.
Fritschi (2010) observes that the principle of equality as expressed in the UN charter, the Geneva, Hague and Vienna conventions and the obligations implied by these treaties with respect to humanitarian law are challenged by the complicated circumstances that have emerged with the rise of asymmetric warfare and the internationalization of conflicts with non-state actors.
International humanitarian law distinguishes between international and non-international armed conflict. International armed conflicts are those in which at least two States are involved. They are subject to a wide range of rules, including those set out in the four Geneva Conventions. However, when armed conflict does not, in...
When the Geneva Conventions apply, governments must surrender a certain degree of their national sovereignty to comply with international law. Despite the advantages offered by the Conventions to individuals, political pressures may cause the governments to be reluctant in accepting its responsibilities. For exactly this reason, I suggest that forces against the United States, if not recognizable as a "state," should be accorded less, not more, leniency in combat. The Geneva Conventions and all applicable treatises apply to all cases of international conflict, where at least one of the warring states has ratified the Conventions. In other words, the Conventions apply to all cases of declared war between signatory nations; not counterinsurgency or guerilla fighters. Because the applicable rules of combat do not, explicitly, restrict the rules of conduct…
References:
The Program for Humanitarian Policy and Conflict Research at Harvard University (2010), "Brief Primer on IHL," Retrieved from: http://ihl.ihlresearch.org/index.cfm?fuseaction=page.viewpage&pageid=2083
Fritschi, V. (2010). The Law of Armed Conflict and the Principle of Sovereign Equality of States. Retrieved from: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ord184=Start+Date&ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&ots627=fce62fe0-528d-4884-9cdf-283c282cf0b2&id=30801
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