Emah and Ekah
Greener Journal of Social Sciences Vol. 7 (4), pp. 045-053, September 2017
ISSN: 2276-7800 © 2017 Greener Journals
Manuscript Number: 101017146
Small Wars and the War Crime Dilemma: The “Weaponization” of the Laws of War in Non-Conventional Warfare
Emah Saviour-Peter and Ekah James Akpan, Ph.D
Department of History and International Studies, University of Uyo, Nigeria.
The laws of armed conflict (LOAC), in an inadvertent but macabre paradox, are serving as weapons of war for rebels in asymmetric warfare, particularly in insurgencies. Thus, this paper is an inquiry into how guerrillas have capitalized on the International Humanitarian Laws, which tend to limit states behaviour and actions in armed conflicts. Asymmetrical conflicts are often fought between a state abiding by the laws of war or International Humanitarian Law, and rebel groups that more or less never obey these regulations and have very little need or sanction to do so. The Geneva and Hague Conventions and their protocols, which outlined the laws of war, were formulated in an era of conventional combat, when wars were fought between state actors and by armies that observed the rules of armed conflict. However, the nature of warfare has greatly altered in recent decades with the increased participation of civilians and the use of guerilla tactics, which makes the enemy virtually anonymous. The battle line is now drawn in urban and choked up areas, while army uniforms have almost become obsolete. These developments have raised arguments as to the efficacy of the present International Humanitarian Law to regulate non-conventional warfare. The present paper adds to the discourse by asserting that the revolution in warfare does not only present a dilemma to national armies in non-conventional warfare, but also gives the insurgents an opportunity to “weaponize” the laws of war for their own leverage, hence, the need to revolutionize the laws of war in tandem with the revolution in warfare itself.
Keywords: Laws of Armed Conflict, Asymmetric Warfare, Insurgencies, Dilemma, Weaponization.
Amnesty International. (2015) Stars on their Shoulders, Blood on their Hands: War Crimes Committed y the Nigerian Military. London: Amnesty International Ltd.
Appadurai, Arjun. (2006). Fear of Small Numbers: An Essay on the Geography of Anger. Durham, NC: Duke University Press.
Arquilla, John. (2007). The End of War as We Knew it? Insurgency, Counterinsurgency and Lessons From the Forgotten History of Early Terror Networks. Third World Quarterly, 28, 369–86.
Arreguın-Toft, Ivan. (2001). ‘How the Weak Win Wars: A Theory of Asymmetric Conflict. International Security, 26, 93–128.
Carpenter, Charli. (2011). Fighting the Laws of War: Protecting Civilians in Asymmetric Conflict. Foreign Affairs.
Cebrowski, Arthur K., and Garstka J. John . (1998). Network-Centric Warfare: Its Origin and Future. Proceedings, 124, 28–35.
Civilian Direct Participation in Hostilities and State Response. Master's Thesis in Public International Law, submitted to the Department of Law, Uppsala University.
Colby, Elbridge. (1927). How to Fight Savage Tribes. American Journal of International Law, 21, 279–88.
Counter-insurgency - Counter-insurgency Theorists - Martin Van Creveld. Retrieved 3rd July, 2016 from http://www.liquisearch.com/counter-insurgency/counter insurgency _theorists /martin _ van_creveld.
Dinstein, Yoram. (2004). The Conduct of Hostilities Under the Law of International Armed Conflict. Cambridge, England: Cambridge University Press.
Excerpts from President Kennedy's Address at Graduation Exercises of the U.S. Military Academy, June 6, 1962. Source: The Pentagon Papers, Gravel Edition, Volume 2, p. 813.
Explanation of Vote by Ambassador Alejandro D. Wolff, Deputy Permanent Representative, on a UN General Assembly Resolution on the UN Fact-Finding Mission on the Gaza Conflict, in the General Assembly.(5 November 2009). US Mission to the United Nations, New York. Retrieved 16 April 2016 from: http://usun.state.gov/briefing/statements/2009/131448.htm. France in Algeria, Israel in Lebanon, and the United States in Vietnam. Cambridge: Cambridge University Press.
GCI- Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12 August 1949.
GCII-Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, of 12 August 1949.
GCIII- Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949.
GCIV Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949.
Gross, Michael. (2009). Moral Dilemmas of Modern War: Torture, Assassination, and Blackmail in an Age of Asymmetric Conflict. Cambridge: Cambridge University Press.
Henkaerts, Jean-Marie and Doswald-Beck, Louise. (2005). Customary International Humanitarian Law. Cambridge, England: Cambridge University Press.
Kitson, Frank. (1971). Low Intensity Operations: Subversion, Insurgency, Peace-Keeping. London: Faber and Faber.
Kolb, Robert and Hyde, Richard. (2008). An Introduction to the International Law of Armed Conflicts. Cumnor, Oxford: Hart Publishers.
Lind, William S. (2004). ‘Understanding Fourth Generation War. Military Review 84(September/ October):12–16.
Lind, William S., Keith Nightengale, John F. Schmitt, Joseph W. Sutton and Gary I. Wilson. (1989). The Changing Face of War: Into the Fourth Generation. Marine Corps Gazette, 73(October), 22–26.
Lindström, Frida. (2012). Asymmetric Warfare and Challenges for International Humanitarian Law: Civilian Direct Participation in Hostilities and State Response. Master's Thesis in Public International Law, submitted to the Department of Law, Uppsala University.
Mack, Andrew. (1975). Why Big Nations Lose Small Wars: The Politics of Asymmetric Conflict. World Politics, 27, 175–200.
Mattis, James N., and Frank Hoffman. (2005). Future Warfare: The Rise of Hybrid Wars. Proceedings, 131, 18–19.
Merom, Gil. (2003). How Democracies Lose Small Wars: State, Society, and the Failures of France in Algeria, Israel in Lebanon, and the United States in Vietnam. Cambridge: Cambridge University Press.
O’Neill, B. (2005). Insurgency and Terrorism: From Revolution to Apocalypse (2nd ed.). Washington D. C.: Potomac Books, Inc.
Osiel, Mark. (2009). The End of Reciprocity: Terror, Torture, and the Law of War. Cambridge: Cambridge University Press.
Paul, T. V. (1994). Asymmetric Conflicts: War Initiation By Weaker Powers. Cambridge: Cambridge University Press.
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Rockel, Stephen and Halpern, Rick (ed.s). (2009). Inventing Collateral Damage: Civilian Casualties, War, and Empire. Toronto: Between the Lines.
Strategy and Tactics of Guerrilla Warfare (n.d.). Retrieved May 31, 2016 from https://en.wikipedia.org/wiki/Strategy_and_ tactics_of_guerrilla_warfare.
Taber, R. (2002) War of the Flea: The Classic Study of Guerilla Warfare, Dulles.: Potomac Books Inc.
Thomas Hammes (n.d.). Countering Evolved Insurgents Network. Retrieved 24th May, 2016 from http://www.au.af. mil/au/ awc /awcgate/milreview/hammes.pdf.
Toni Pfanner. (2005). Asymmetrical Warfare from the Perspective of Humanitarian Law and Humanitarian Action. International Review of the Red Cross, 87:857.
U.S. Marine Corps. (1940). Small Wars Manual. NAVMC 2890.
Van Creveld Martin. (2008). The Changing Face of War: Combat from the Marne to Iraq. New York: Ballantine.
Van Creveld, Martin. (1991). The Transformation of War. New York: Macmillan.
Weir, William. (2006). 50 Weapons that Changed Warfare, London: Bounty Books.
Winter, Y. (2011). The Asymmetric War Discourse and its Moral Economies: A Critique. International Theory, 3:3, 488–514.