The Continuing Role for Belligerent Reprisals

Download or read book The Continuing Role for Belligerent Reprisals written by Philip L. Sutter and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The rumours of my demise are greatly exaggerated.' - Mark Twain The enforcement of the law of war has always been a difficult proposition. It has become even more difficult in recent conflicts given the propensity of combatants to employ unlawful violence to further their cause. Such horrific conduct begs the question, how does the law of war restrain violators? There are many potential methods, among them war crimes tribunals and international mediation, but the subject of this article is the final enforcement mechanism: belligerent reprisals. It is a doctrine that responds to unlawful conduct by inflicting the same violation upon the violators in order to force them to cease. The doctrine of reprisals has fallen into disuse as numerous commentators suggest that it is no longer effective and soon to slip into complete illegality. However, reprisals utilizing a prohibited weapon remain lawful. And, for a number of states, reprisals against captured enemy combatants remain lawful. Violating the law of war, even in a manner it allows, is a repugnant act, yet an even more repugnant act is to allow an adversary to violate that same law with impunity.