1.31 - 1. Peace and Conflict Studies: Hague Law: Examples?...

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1. Peace and Conflict Studies: Hague Law: Examples? “Hague” Law- Examples: Hague law is misleading as all laws were not made in Hague. .. It just titles this category of laws - 1868 St. Petersburg Declaration, prohibiting explosive projectiles of less weight than 400 grams = Is it a treaty? Depends whether there are government signatures. - First time explosives prohibited. .. small explosives might not be able to be taken out. .. so in which case not only are they out of commission they just die - 1899 1 st Hague Peace Conference: 1899 Hague Convention with (inter alia) - Declaration to abstain from the “use of projectices, the sole object of which is diffusion of asphyxating or deleterious gases” - Declaration to abstain from launching of projectiles and explosives from balloons - Declarations to abstain from use of hollow-point bullets: - These would tear pieces of skin out instead of making a clear wound - 1907 2 nd Hague Peace Conference: 1907 Hague Convention prohibiting inter alia the use of unachored automatic contact mines - 1925 Geneva Gas Protocol: prohibits the use in war. .. poisonous or other gases, and of analogous liquids, material or device” - there was an argument that this would also ban nuclear weapons or be appropriate in prohibiting nukes - it was an attempt because on the Geneva Protocol, roughly 50 years later, we have comprehensive frameworks and treaties that outlaws entire classes of weaponry We have two categories of WMDs outlawed: 1972/1975 BWC (negotiated in Geneva) & 1993/1997 CWC (negotiated in Geneva) - First year signatures and the second year is the entry into force, ratification occurred in between the times - Chemical and biological weapons comissions - NWC (to be negotiated?) we dont have one yet => you can see the trend how we went from something tangible like hollow bullets to something non- tangible such as gas => if WMDs are so bad that we have to outlaw them, then is the next step the negotiation of a nuclaer weapons convention? Geneva Law – Examples: 1864 Red Cross Convention on the Amelioration of the Condition of the Wounded on the Field of Battle (only protected soldiers) - Regulations Respecting the laws and Customs of War on Land, annexed to the 1899 Hague Convention (deals inter alia with definition of “belligerent,” protection of soldiers, “hors combat” (POWs, and civilians) - Regulations Concerning the Laws and Customs of Land Warfare, annexed to the 1907 Hague Convention - 1929 Geneva Convention relative to the Treatment of POWs
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- After WWI - 1949 Geneva Conventions (After WWII) - I: Protection of soldiers “hors combat” on land - Protection soldiers “hors combat” at sea - Protection of the POWs - Protection of Civilian (non-combatant) - 1977 Protocols (Red Diamond a mutual symbol) *check the specific protections online cant see) - Protection of Victims of Intl Armed Combat - Protection of Victims of Non-intl Combat How would explain the existence of these Protocols?: - Before they had conventions that applied to international conflicts ( state wars ) while increasingly
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This note was uploaded on 04/02/2008 for the course PACS 119 taught by Professor Cipolat during the Spring '08 term at Berkeley.

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1.31 - 1. Peace and Conflict Studies: Hague Law: Examples?...

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