`On 9 February 2006, Admiral the Lord Boyce told the Parliamentary Select Committee on Armed Forces that the military was facing `legal encirclement`. Is his claim true? If true, is the encirclement a positive or negative thing?`

The Need for Legal Encirclement

2006 The Need for Legal Encirclement in Modern Warfare

Introduction

The war in Iraq is a clear case of the evolving nature of war , and the importance of clear regulations governing combat . Coalition forces in Iraq are fighting a new kind of enemy that does not fit the traditional of an opponent , and who are not following the traditional rules of engagement . Military personnel have been concerned that modern warfare cannot be won when both sides are not adhering to the same rules . However , due to

the uncertain nature of the enemy , and the evolving goals of the mission and the military force itself , it is more important than ever to adhere to clear guidelines for the protection of both non combatants and the soldiers alike

Laws Governing War

Discussion about modern day warfare can never be divorced from the events of WWII . Following the atrocities of the Holocaust , for the first time soldiers were held accountable for their actions and prosecuted for crimes committed under against people they were at war against . The Nuremburg trials of 1945 and 1946 resulted in the execution of 12 Nazi leaders , and the Tokyo trial in 1948 executed 7 Japanese commanders for their involvement in the Nanjing , China massacre (Kafala , 2003 . The recent claim by Admiral Lord Boyce that the military faces legal encirclement ' making difficult for soldiers to do their job properly without fear of recrimination (House of Commons 2003 ) is only a reflection of the effectiveness of multilateral agreements on regulating warfare

The first attempt at universal standards of warfare occurred at the 1864 Geneva Convention that established standards of care for wounded soldiers , but subsequent conventions established treatment for prisoners of war (3 ) and civilians under enemy control (4 . Chief among these standards were humane treatment of non combatants including prisoners prohibitions against murder , mutilation , taking hostages , execution without trial , and humiliating or degrading treatment (ICRC , 2006

In addition , the Hague Tribunal set up to prosecute war crimes in the former Yugoslavia (ICTY ) has set pertinent standards , including opening up subordinates to criminal charges , clarifying the level of knowledge expected from superiors , and punishing sexual violence . Especially applicable to current warfare in Iraq , the ICTY says that persons can be prosecuted for destruction of towns not justified by military necessity , attack of undefended towns or buildings , seizure of destruction , or willful damage done to institutions dedicated to religion , charity and education , the arts and sciences , historic monuments and works of art and science , or plunder of public or private property (International Criminal Tribunal for the Former Yugoslavia 2006 . These guidelines ensure that military forces in Iraq do not fight their opposition through random bombing , attacks on religious buildings , or destruction of infrastructure

Asymmetric warfare

Along with the evolution of rules of war , the idea of war and the definition of a combatant has changed over time , introducing doubt as to whether the established rules still apply . Western militaries have slowly been redefining what...