header-logo header-logo

Laying down the law of war

21 April 2023 / Athelstane Aamodt
Issue: 8021 / Categories: Features , Military , International justice , Criminal , Human rights
printer mail-detail
119083
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 of war crimes has in fact been around for much

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll