In the Indian subcontinent, the Mahabharata describes a discussion between ruling brothers concerning what constitutes acceptable behavior on a battlefield, an early example of the rule of proportionality: The earliest known instances are found in the Mahabharata and the Old Testament ( Torah). It is always a matter of establishing rules that protect civilians and the defeated.Īttempts to define and regulate the conduct of individuals, nations, and other agents in war and to mitigate the worst effects of war have a long history. The Bible and the Qur'an also contain rules of respect for the adversary. In ancient India, the Mahabharata and the texts of Manou's law urged mercy on unarmed or wounded enemies.
I prescribe these laws so that the strong do not oppress the weak. It is the Code of Hammurabi, king of Babylon, which in 1750 B.C., explains its laws imposing a code of conduct in the event of war: The first traces of a law of war come from the Babylonians. The law of war is considered distinct from other bodies of law-such as the domestic law of a particular belligerent to a conflict-which may provide additional legal limits to the conduct or justification of war. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.Īmong other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war military necessity, along with distinction and proportionality and the prohibition of certain weapons that may cause unnecessary suffering. The law of war is the component of international law that regulates the conditions for initiating war ( jus ad bellum) and the conduct of warring parties ( jus in bello).
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