Rules of War: Does Anyone Care?

Despite the popular adage—that we often use without much thought—all is not fair. Neither in love nor in war. So, are there really ‘rules of war’?

Yes, absolutely, says Amnesty International. Today, the codification of these rules is known as ‘International Humanitarian Law,’ which includes the Geneva Conventions recognized by 196 countries, according to its website. Applicable in armed conflicts, the rules are intended to be universal and neutral.

The main objective is clearly to reduce human suffering caused by war. But we can see that it is largely going unheeded.

The fundamental principles of the rules of war— humanity, military necessity, distinction, proportionality, and precaution—are often ignored, if not totally violated.

The principle of ‘humanity’ forbids unnecessary suffering, injury, and destruction, while ‘military necessity’ permits only the force required to achieve legitimate military objectives.

And while the ‘distinction’ principle requires parties to differentiate between civilians and combatants, allowing attacks only on military targets and never intentionally on civilians, ‘proportionality’ prohibits attacks on military targets if the expected civilian harm would be excessive compared to the anticipated military advantage. The fifth principle, ‘precaution,’ obliges constant care to minimize harm to civilians and civilian objects.

Together, these principles form the core framework guiding conduct in war. But how do they translate into practical obligations?

First, civilians must be protected at all times. Even when attacking legitimate military targets, all parties are required to take every possible precaution to avoid or minimize harm to civilians and damage to civilian property. This includes careful targeting and restraint in the use of force.

Second, anyone who falls into the hands of a party to the conflict must be treated humanely. This applies to prisoners of war, detainees, and the wounded or sick, regardless of which side they belong to.

Third, victims of war must be protected through the delivery of humanitarian aid such as food, water, and medicine. Parties must allow and facilitate such assistance.

Finally, these rules must be applied without discrimination— no one should be treated differently based on race, religion, nationality, or political beliefs.

In modern times, for this framework, we must acknowledge the work of at least four individuals or entities—Henri Dunant, Francis Lieber, the ICRC, and Fyodor Fyodorovich Martens. They turned moral concern into legal norms.

Henri Dunant, moved by the suffering after the Battle of Solferino, wrote A Memory of Solferino. His work led to the founding of the International Committee of the Red Cross (ICRC) in 1863 and to the first Geneva Convention in 1864.

Meanwhile, Francis Lieber drafted the Lieber Code (1863) during the American Civil War under Abraham Lincoln, marking the first comprehensive codification of wartime conduct. The ICRC, since 1864, has been guiding the development of international humanitarian law, linking humanitarian ideals with state adoption of treaties.

Fyodor Fyodorovich Martens further strengthened this framework through the Martens Clause at the Hague Peace Conference, affirming that even without specific laws, all remain protected by principles of humanity and public conscience.

The most remarkable outcomes from their work are the four 1949 Geneva Conventions, adopted in response to the inhumanities of World War II. They mainly updated and added to previous Geneva Conventions (1864, 1906, 1929).

Today, these four Geneva Conventions and their additional protocols, as international treaties, protect people who do not take part in the fighting (civilians, medics, aid workers) and those who can no longer fight (wounded, sick, and shipwrecked troops, prisoners of war).

Yes. This law exists—but without enforcement, it is hollow. War may be complex, but humanity is not negotiable. These rules must be upheld, and those who violate them must be held accountable—firmly and without exception.

(The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of the Daily Tribune)