International Law & Dispute Resolution
What is War?
War is an open conflict of arms between hostile nations or parties.
Hot vs Cold War
- Hot War - Arms are used, visual invasion of territory, great loss of life
- Cold War - Political in nature, secretive invasion of territory, targeted loss of life.
What kind of wars are there?
- Civil Wars
- Gang Wars
- Family or Clan Wars
- Tribal Wars
- Revolutionary Wars
- Religious Wars
Why do people resort war?
- Tribalism - “Not like us, against us”, or competition for resources
- To hang onto something, defend something, or resolve some conflict peacefully.
- Cold Wars can be “peaceful”.
- Wars have been started for self defense, freedom, food, land, money, honour, glory, power, revenge, love.
- Wars are survival-based.
Military Industrial Complex
- Most nations in the world create policy that enables them to form a militia or military.
- The expression ”Military Industrial Complex” describes the relationship between a country’s military and the defense industry that supplies it.
- Dwight D Eisenhower, 1961 Farewell Address, warned of it.
- BIG IDEA - Relationship between the military and the government has a vested interest which influences public policy.
- Development of Military Industry - Munitions, technology, institutions, companies & corporations. (e.g. Lockheed Martin).
- Does the power of a military cause war or stop wars altogether?
Arms Race
An Arms Race is a pattern of competitive acquisition of military capability between two or more nations. Historical examples include Gunpowder, Cannons, War Ships, Nuclear Race, Drone Warfare.
Anti-Proliferation Agreements
Anti-Proliferation Agreements are treaties that limit the creation or spread of nuclear weapons. The treaty on the Non-Proliferation of Nuclear Weapons, NPT is an international treaty whose objective is to prevent the spread of nuclear weapons.
When Conflict Arises…
- States use Foreign Relations and Diplomacy to solve problems.
- These discussions generally follow treaties or customs between the two or more nations.
- The UN only gets involved if it feels it needs to - Usually the request of a security council member. (If the request is not vetoed).
- Very few conflicts lead to war.
Diplomatic Relations
Relevant Terminology
Diplomat
A representative (ambassador or emissary) from a nation who travels to other nations.
Embassy
The official residence and offices of diplomatic representatives, and a shelter to those nationals.
Diplomatic Immunity
Protection sought in embassies by individuals fearing for their safety.
Peaceful Resolutions to Conflict
Soft Power
Mediation
The process of third party bargaining with representatives from both/all parties until a resolution is reached. Can be done any time. Usually the first thing that is tried.
Sanctions
Actions or incentives to minimize or prevent actions of another state
- Arbitration
- Economic Sanctions
- Trade Boycotts
- Trade Embargoes
Arrest of Diplomats or Dignitaries
Puts pressure on a country by arresting their diplomats or dignitaries that are residing in their embassy in your country.
Hard Power (Armed Resolutions)
- All conflict between people and nations throughout history have not taught us to stop warfare, but rather progressed our understanding of how to fight differently to win.
- Each war, battle, strategy, weapon created mechanisms for changes.
- Origins - Fighting with rocks, clubs, and hair pulling.
- Civilizations and Dark Ages - Metals (shields and swords), weapon building, fortifications.
- Modern Age - Use of gunpowder, development of guns.
- Today - Fighting with automated technology, satellites, drones, automatic weapons, nuclear bombs.
International “Law of War”
- We are now in a point in history where humans have the understanding and resources to end conflict peacefully.
- UN Charter Sec2(3) - All members shall settle their international disputes by peaceful means in such a manner that international peace, security, and justice are not endangered.
- However, conflict still occurs; so Laws of War are needed - International Humanitarian Law (IHL)
- Unilateral Action - Governments reserve the right to decide to act in their own defense.
International Humanitarian Law
- Collection of “rules” for the protection of humanity that govern warfare (Custom to all states on earth).
- Founded in 1949 after 4 Geneva Conventions (on Warfare)
- Provides justification to engage in war (jus ad bellum), as well as the limits to acceptable wartime conduct (jus ad bello).
- Declaration of Warfare.
- Acceptance of Surrender.
- Treatment of Prisoners of War.
- Military Necessity or Use of Force (Zones of Attack).
- Prohibition of weapons that cause unnecessary suffering.
International Courts
International Court of Justice
- Established in 1922, main judicial organ of the UN
- 15 Judges, each elected to 9 year terms, who represent no singular nation.
- Hear cases involving international disputes, diplomacy, human rights violations, and border/boundary issues.
International Criminal Court
- Established in 2002, specific to those caused with atrocity crimes.
- Genocide, Ethnic Cleansing, Crimes Against Humanity.
Defined as War Crimes
- Internationally launching an attack that will cause loss of civilian life
- Wide-spread, long-term and severe damage to the environment
- Use of prohibited weapons
- Nuclear bombs, chemical weapons, etc.
- Methods of war that cause unnecessary suffering (Prisoner of War camps)
- Weapons of Mass Destruction (WMDs)
- Weapons that have potential to kill a large number of people, both soldier and civilian
- Starving a population
Controlling the Breakout of War
Treaties can be developed to address:
- Arms Control Initiatives
- i.e. a treaty to prevent the sale of guns to terrorist groups
- Nuclear Free Zones
- Not allowed to create nuclear weapons
- Transfer Limitations
- Limitations on how much money can be transferred between different groups.
- Test Bans
- Preventing testing certain things (i.e. Testing cosmetics on animals)
- Security Guarantees
- Does not allow countries to enter into war because another country entered to war.
- Weapons in Terrorist Hands
- Missile Defense Systems
- i.e. NORAD
Some Additional Terms
Foreign Relations
The relations between sovereign states
Intelligence Agency
A government department charged with the collection of intelligence to create operations in defense of national security.
Operative
Term given to an employee of an intelligence agency.
Espionage Agent
Spy employed by nation to secretly convey classified information of strategic importance about another nation.
Internationalism and War
“No state is free from militarism, which is inherent in the very concept of a sovereign state. There are merely difference of degree in the militarism of states.” - Christian Lous Langes
Christian Lous Langes was a Norwegian historian, teacher, and political scientist. He was one of the world’s foremost exponents of the theory and practice of internationalism.p