header-logo header-logo

Laying down the law of war

21 April 2023 / Athelstane Aamodt
Issue: 8021 / Categories: Features , Military , International justice , Criminal , Human rights
printer mail-detail
119083
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll