The Geneva Conventions and customary international law make up primarily uncodified 'international laws' regulating warfare. All of these legal frameworks set out rules that are clear and unambiguous, on what constitutes the conduct of armed conflict; protection of civilians; treatment of prisoners of war; and the use or otherwise of particular weapons. They want human suffering limited and a minimum standard of humanity during war.
International humanitarian law consists of the Geneva Conventions, ratified by almost all of the world’s nations. These conventions prohibit expressly torture, attacking civilians or medical personnel and facilities. These protections are additionally reinforced by additional protocols. Yet, these agreements are universal in the fact that there is a demand for all combatants, state and non state, both to observe and comply with them.
Laws enforcing the above principles are made by international organizations like the International Criminal Court (ICC) and United Nations (UN). The ICC prosecutes for war crimes, crimes against humanity and genocide. On the other hand, the United Nations may even impose sanctions or allow military intervention to violators of law in warfare, as demonstrated by the international community for restoration of legal norms in warfare.
International law violations are not taken lightly. Arrest, trial and imprisoning war crime perpetrators is possible. Countries linked to violations may be diplomatically ostracized, economically sanctioned or diplomatically condemned. The objective of these measures is to not only punish violators of rules of warfare but to dissuade future violations.
There are challenges despite having enforcement mechanisms. Sometimes powerful states can get away with answers and sometimes non-state actors may simply ignore accepted legal norms. Nevertheless, international laws have still to be developed and enforced. And they provide a legal and moral compass by which acceptable behavior in war might be determined, as well as a remedy for victims who seek justice.
Conclusion
International laws which are binding in nature, are important tools helping the world in the governance of warfare by laying binding norms and manageable means of accountability. Though they are still happening, they are happening under increasing global scrutiny and facing increasing legal consequences. Not only for the sake of justice, but so too for the sake of human dignity and for preserving warfare as a primarily humanitarian endeavour.
