Why the Law of War Matters
The law of war is part of America’s military heritage. During the Revolutionary War, George Washington and his British counterpart agreed to fight under rules of humanity and to prevent or punish breaches by their own troops. During the Civil War, Abraham Lincoln approved field instructions that influenced military codes abroad and helped shape international rules of war.
After World War II, U.S. military lawyers brought thousands of defendants before military commissions. As Justice Robert Jackson observed, putting captured enemies on trial meant holding back vengeance and submitting their cases to the judgment of law.
The discipline it takes to obey the law under fire is the same discipline troops need to fight together and carry out their mission. Torture and needless destruction are prohibited, and both can undermine the mission they are supposed to serve.
This manual draws on years of work by civilian and military lawyers across the armed services, as well as lessons learned in military operations. Everyone serving in defence of the nation needs to understand what the law requires of them and what rights it gives them.
Why we should all read this manual:
The Law of War Manual should be required reading for everyone because the public has a part to play in holding leaders to account. We need to know what our armed forces are allowed to do, what they are forbidden to do, and what protections the law gives civilians and prisoners. When we understand those rules, we can ask better questions about how wars are fought and demand answers when there is evidence the rules have been broken.
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The Law of War Manual is vital for anyone engaging in the efforts to hold leaders and wrong-doers to account. We need to know what our armed forces are allowed to do, what they are forbidden to do, and what protections the law gives civilians and prisoners. When we understand those rules, we can ask better questions about how wars are fought and demand answers when there is evidence the rules have been broken.
