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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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