It seems appropriate today, Remembrance Day, for a law blog to reflect for a moment on the laws of war. These seemingly prime examples of a contradiction in terms have taken a beating in recent years. The Economist, in an article entitled, “Unleashing the laws of war” published last year, gave a sad summary of fate in practice of these peculiar norms in an era of insurgencies, terrorism, ethnic violence, and superpower techno-war.
Yet much of the world continues to expand and refine the laws of war. I’m speaking now of the Hague and Geneva conventions, those legal . . . [more]