Page 123 - MDSL Final

LEGAL CONTEXT

CHAPTER 8

LEGAL CONTEXT

Legal Context of War

Nations maintain armed forces to protect their national interests. If
there is an armed conflict, the overall object is to achieve success in
war. Armed conflict is a risky and complicated affair; which involves
death, injury, destruction, loss of liberty, changes in a way of life, sorrow,
personal hardships and discomfort. 55

In the conflicts at the start of civilisation generally no quarter was sought
or given. Rape, pillage and the slaughter of at least the adult males of the
vanquished were to be expected. As civilisation developed the Greeks
sighted this type of behaviour as barbaric and conducted by barbarians
who, by their definition, were not civilised. Despite many occurrences
of barbarism throughout the ages, there have been notable instances of
gentle behaviour as well. 56

In centuries past the articles of war provided a code of discipline for
a particular campaign and also agreements between belligerents,
known as cartels, were made dealing with such things as the exchange
of prisoners, or perhaps their ransom, the treatment of the wounded,
the sick and sometimes even the protection of the civilian population.
However, these agreements generally ceased to have effect at the end
of the campaign for which they were made. 57

It was understood that the suffering of battle could be avoided if armies
had more medical support. Hence, committee was formed which
described itself as a permanent international committee for the aid of
military wounded. That committee eventually became the International
Committee of the Red Cross (ICRC).

The first Geneva Convention was signed in August 1864 by diplomats
from 12 countries, initially and another five diplomats joined later. This

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