I. INTRODUCTION
Throughout history war has been the source of serious moral questions. Although many ancient nations and some modern ones have viewed war as noble, over the sweep of history, concerns about the morality of war have gradually increased.
Today, war is seen by some as undesirable and morally problematic. At the same time, many view war, or at least the preparation and readiness and willingness to engage in, as necessary for the defense of their country and therefore a just war. Pacifists believe that war is inherently immoral and that no war should ever be fought.
II. WAR DEFINED
Viewed in the former sense, WAR may be defined as an armed contention between the public of states or other belligerent communities, implying the employment of violence among the parties as a means of enforcing their respective demands upon each other (Cruz, Isagani A. 2003).
WAR was originally accepted as a legitimate means of compulsion, provided, according to some writers, that it was a creation to an international delict.
WAR is a reciprocated, armed conflict, between two or more non-congruous entities, aimed at reorganizing a subjectively designed, geo-politically desired result (http://en.wikipedia.org/wiki/war).
III. LAWS OF WAR
The important laws of war that are supposed to be observed in the conduct of armed hostilities. Among these are the following:
1. The Declaration of Paris of 1856, concerning warfare at sea.
2. The Hague Conventions of 1899, concerning the use of expanding bullets and asphyxiating gases.
3. The Hague Conventions of 1907, concerning the opening of hostilities.
4. The Geneva Convention of 1925, concerning the use of asphyxiating, poisonous and other gases and of bacteriological methods of warfare.
5. The Geneva Convention of 1929, concerning the treatment of the sick and wounded and of prisoners of war.
6. The Declaration of London of 1936, concerning the use of submarines against merchant vessels.
7. The Geneva Convention of 1949, concerning the amelioration of the sick and wounded on land.
8. The Nuclear Nonproliferation Treaty. The commonly accepted sanction is to protest lodged by one belligerent, usually accompanied or followed by an appeal to world opinion against the unlawful acts of warfare committed by the other belligerent.
IV. BASIC PRINCIPLES OF WAR
1. The Declaration of Paris of 1856, concerning warfare at sea.
2. The Hague Conventions of 1899, concerning the use of expanding bullets and asphyxiating gases.
3. The Hague Conventions of 1907, concerning the opening of hostilities.
4. The Geneva Convention of 1925, concerning the use of asphyxiating, poisonous and other gases and of bacteriological methods of warfare.
5. The Geneva Convention of 1929, concerning the treatment of the sick and wounded and of prisoners of war.
6. The Declaration of London of 1936, concerning the use of submarines against merchant vessels.
7. The Geneva Convention of 1949, concerning the amelioration of the sick and wounded on land.
8. The Nuclear Nonproliferation Treaty. The commonly accepted sanction is to protest lodged by one belligerent, usually accompanied or followed by an appeal to world opinion against the unlawful acts of warfare committed by the other belligerent.
IV. BASIC PRINCIPLES OF WAR
1. Principle of Military Necessity - belligerents may employ any amount and kind of force to compel the complete submission of the enemy with the least possible loss of lives, time and money;
2. Principle of Humanity - prohibits the use of any measure that is not absolutely necessary for purposes of war; and
3. Principle of Chivalry - basis of such rules as those that require belligerents to give proper warning before launching a bombardment or prohibit the use of perfidy (treachery) in the conduct of hostilities.
V. RIGHTS OF A PRISONER OF WAR
1. To be treated humanely;
2. Not subject to torture;
3. Allowed to communicate with his family;
4. Receive food, clothing, religious articles, medicine;
5. Bare minimum of information;
6. Keep personal belongings;
7. Proper burial;
8. Group according to nationality;
9. Establishment of an information bureau;
10. Repatriation for the sick and wounded (1949 Geneva Convention).
VI. TERMINATION OF WAR
1. Simple cessation of hostilities;
2. Conclusion of a negotiated treaty of peace; and
3. Defeat of one of the belligerents.
VII. EFFECTS OF WAR
On soldiers. Psychiatric disturbances in varying degrees.
On civilians. Many wars have been accompanied by significant depopulations.
On the economy. Once a war has ended, losing nations are sometimes required to pay repartition to the victorious nations. In certain cases, land is ceded to the victorious nations. For example, the territory of Alsace-Lorraine has been traded between France and Germany on three different occasions.
VIII. UTI POSSIDETIS
Allows retention of property or territory in the belligerent’s actual possession at the time of the cessation of hostilities.
International law recognizes only two cases for a legitimate war:
1. Wars of defense: when one nation is attacked by an aggressor, it is considered legitimate for a nation along with its allies to defend itself against the aggressor.
2. Wars sanctioned by the UN Security Council: when the United Nations as a whole acts as a body against a certain nation. Examples include various peacekeeping operations around the world.
2. Wars sanctioned by the UN Security Council: when the United Nations as a whole acts as a body against a certain nation. Examples include various peacekeeping operations around the world.
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