law & war mark cohen & tiffany middleton november 1, 2013
TRANSCRIPT
LAW & WARMark Cohen & Tiffany Middleton
November 1, 2013
www.ambar.org/publicedevents
Defining the Terms
What is a law? What is a war? Is the phrase “Law
of War” an oxymoron?
When does the “Law of War” come into play?
Revolutionary Times
Declaration to establish justice of the “cause” British claim: This is an uprising, not a war Enlightenment principles of humanitarian war “Civilized Warfare” fought according to “the
usages and customs” of war Both sides did not always live up to these
principles
The Lieber Code and Modern War
1863
International Laws of War1899 Hague Convention (law for war on land, water)
1925 Geneva Convention (poison gas)
1948 Convention on the Prevention and Punishment of the Crime of Genocide
1977 Additional Protocols of the Geneva Conventions (international humanitarian law)
2002 Rome Statute—International Criminal Court
(war crimes jurisdiction)
Lee v. Madigan (1959)
Boumediene v. Bush (2008)
LOOKING FORWARD
