The Rule of Law in Small Wars

Abstract

Small wars are often mixed civil-international wars characterized by extremes of mutual hatred. Still, the international law of war sets the standards for all armed conflicts. War-decision law regulates recourse to armed force. War-conduct law governs belligerent practice. There are two justifications for recourse to armed force: enforcement action ordered by the U.N. Security Council and individual and collective self-defense. Despite the principle of nonintervention, interventions have been frequent in small wars. The difficulty with applying war-decision law to small wars arises from the fact that such wars are often not conventional wars, making determination of aggression difficult. Application of war-conduct law confronts difficulties with determining belligerent status, dealing with guerrilla and terror tactics, preserving the ban on chemical and biological weapons, and protecting prisoners of war and occupied populations in small wars. The best sanction for the laws of war is self-enforcement by responsible belligerents.