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The term "laws of war" refers to the rules governing the

actual conduct of armed conflict. This idea that there actually exists

rules that govern war is a difficult concept to understand. The simple

act of war in and of itself seems to be in violation of an almost

universal law prohibiting one human being from killing another. But

during times of war murder of the enemy is allowed, which leads one to

the question, "if murder is permissible then what possible "laws of

war" could there be?" The answer to this question can be found in the

Charter established at the International Military Tribunals at

Nuremberg and Tokyo:



Crimes against Humanity: namely, murder, extermination,

enslavement, deportation, and other inhumane acts committed against

any civilian population, before or during the war, or persecutions on

political, racial or religious grounds in execution of or in

connection with any crime within the jurisdiction of the Tribunal,

whether or not in violation of the domestic law of the country where

perpetrated. Leaders, organizers, instigators, and accomplices

participating in the formulation or execution of a common plan or

conspiracy to commit any of the foregoing crimes are responsible for

all acts performed by any persons in execution of such plan.1 The

above excerpt comes form the Charter of the Tribunal Article 6 section

C, which makes it quite clear that in general the "laws of war" are

there to protect innocent civilians before and during war.



It seems to be a fair idea to have such rules governing armed

conflict in order to protect the civilians in the general location of

such...