Coleção Meira Mattos (Dec 2014)
The laws of war
Abstract
Principles of the laws of war were developed for centuries, since the ancient Greece and Rome. After the development of the fundaments of the just war, during the Middle and Modern Ages, and following the intense development of the international humanitarian law, during the 19th century, the laws of war were compiled in many treaties and conventions mostly in the 20th century. Those positive rules actually detailed the centenary principles of the jus ad bellum – the lawful use of force – and the jus in bello – the lawful conduct during the war. Those principles were also developed in Brazil, integrated to internal law and military doctrine, during the 19th century. Paradoxically, those principles were not able to avoid two world wars, extreme suffering, violations, and millions of casualties, remarkably in Poland. The way to make the laws of war more effective, based on the usage of principles of the laws of war, is the problem that based the effort of the present research. The analysis of those principles, in relation with doctrine, positive conventions, and treaties, leaded to the conclusion that the principles of the jus ad bellum should be considered as the fundaments for planning the use of force, from the strategic point of view; and the principles of the jus in bello should compose core values on the rules concerning the conduct of troops and commanders during armed conflicts. Finally, the effectiveness of the laws of war could be also improved by integrating the mentioned principles to the strategic planning directives and military doctrine.
