Prelims

Half Title Page

A Socio-Legal History of the Laws of War

Series Title Page

Emerald Advances in Historical Criminology

Series Editors: David Churchill and Christopher W. Mullins

This series embraces a broad, pluralistic understanding of “the historical” and its potential applications to criminology. Providing an inclusive platform for a range of approaches which, in various ways, seek to orient criminological enquiry to history or to the dynamics of historical time, the series also offers a platform both for conventional studies in the history of crime and criminal justice, but also for innovative and experimental work which extends the conceptual, theoretical, methodological, and topical range of historical criminology. In this way, the series encourages historical scholarship on nontraditional topics in criminology (such as environmental harms, war, and state crime) and inventive modes of theorizing and practising historical research (including processual approaches and futures research). The series thus makes a valuable contribution to criminology irrespective of disciplinary affiliation, theoretical framing, or methodological practice.

Title Page

A Socio-Legal History of the Laws of War: The Birth of International Humanitarian Law

By

Christopher W. Mullins

Southern Illinois University, Carbondale, USA

United Kingdom – North America – Japan – India – Malaysia – China

Copyright Page

Emerald Publishing Limited

Emerald Publishing, Floor 5, Northspring, 21-23 Wellington Street, Leeds LS1 4DL

First edition 2024

Copyright © 2024 Christopher W. Mullins.

Published under exclusive licence by Emerald Publishing Limited.

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No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. Any opinions expressed in the chapters are those of the authors. Whilst Emerald makes every effort to ensure the quality and accuracy of its content, Emerald makes no representation implied or otherwise, as to the chapters' suitability and application and disclaims any warranties, express or implied, to their use.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN: 978-1-83753-385-5 (Print)

ISBN: 978-1-83753-384-8 (Online)

ISBN: 978-1-83753-386-2 (Epub)

List of Abbreviations

AFRC

Armed Forces Revolutionary Council

ASP

Assembly of State's Parties (ICC)

ATO

African Theater of Operations (WWII)

BDU

Basic Daily Uniform

CAR

The Central African Republic

CDL

Community Defense League (Sierra Leone)

CPCPEAC

Convention for the Protection of Cultural Property in Event of Armed Conflict

CRC

Civil Rights Congress

CvH

Crimes Against Humanity

DRC

Democratic Republic of the Congo

ECC

Extraordinary Chambers in the Courts of Cambodia

ECOMOG

Economic Community of West African States Monitoring Group

ETO

European Theater of Operations (WWII)

FRG

Federal Republic of Germany (West Germany)

ICC

International Criminal Court

ICJ

International Court of Justice

ICL

International Criminal Law

ICRC

International Red Cross/Red Crescent Society

ICTR

International Tribunal for Rwanda

ICTY

International Criminal Tribunal for the former Yugoslavia

IHL

International Humanitarian Law

IHRL

International Human Rights Law

IJA

Imperial Japanese Army

IJN

Imperial Japanese Navy

IMT

International Military Tribunal

IMTFE

International Military Tribunal for the Far East

INTERFET

International Force for East Timor

KKK

Knights of the Ku Klux Klan (US)

KLA

Kosovo Liberation Army

LEEC

Law on the Establishment of the Extraordinary Chambers

LRA

Lord's Resistance Army

MAD

Mutual Assured Destruction

MITC

Mechanism for International Tribunals

NATO

North Atlantic Treaty Organization

NCO

Non-commissioned Officer

NMT

Nuremberg Military Tribunal

NPFL

National Patriotic Front of Liberia

NVA

North Vietnam Army

OTP

Office of the Prosecutor (ICC)

PCIJ

Permanent Court of International Justice

PMC

Private Military Company

POTUS

President of the United States

POW

Prisoner of War

PTC

Pre-trial Chamber (ICC)

PTO

Pacific Theater of Operations (WWII)

RPF

Rwandan Patriotic Front

RUF

Revolutionary United Front (Sierra Leone)

RUSAR

Revised United States Army Regulations 1861

SCSL

Special Court for Sierra Leone

SLA

Sierra Leone Army

SLTRC

Sierra Leone Truth and Reconciliation Commission

SPSCD

Special Panels for Serious Crimes in Dili

TRC

Truth Reconciliation Commission

UK

The United Kingdom

UN

United Nations

UNAMR

United Nations Assistance Mission for Rwanda

UNGA

United Nations General Assembly

UNMIK

United Nations Mission in Kosovo

UNOCI

United Nations Operation in Côte d’Ivoire

UNSC

United Nations Security Council

UNTEAT

United Nations Transitional Administration in East Timor

UNUDHR

United Nations Universal Declaration of Human Rights

US

United States of America

USSR

United Soviet Socialist Republics

VC

Viet Cong

WTO

Western There of Operations (WWII)

WWI

World War I

WWII

World War II

About the Author

Christopher W. Mullins, PhD, is an Associate Dean of Academic and Student Affairs for the College of Health and Human Services and a (full) Professor in the School of Justice and Public Safety at Southern Illinois University Carbondale. His research focuses on atrocity violence and the laws designed to prevent it. He has published six books, one coedited volume, and over 70 peer-reviewed articles and book chapters in a variety of outlets.