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21 April 2023 / Athelstane Aamodt
Issue: 8021 / Categories: Features , Military , International justice , Criminal , Human rights
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Laying down the law of war

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Far from a modern concept, the idea of prosecuting an individual for war crimes has a long & complicated history, as Athelstane Aamodt explains

Samuel Johnson once remarked: ‘Depend upon it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.’ It seems doubtful that the issue by the International Criminal Court (ICC) in The Hague of an arrest warrant for war crimes for Vladimir Putin will cause his mind to concentrate on much beyond what usually concerns it, but nonetheless the action taken by the ICC inevitably raises a lot of difficult questions—not least the idea of a lawful war. As Ernest Hemingway pithily put it: ‘Never think that war, no matter how necessary nor how justified, is not a crime. Ask the infantry and ask the dead.’

Where does the idea that some conduct in war is unacceptable come from, when the very notion of war itself is unacceptable to so many people?

Unchivalrous conduct

The idea

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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