The Evolution of Modern Land Warfare: Theory and Practice

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This could come only with the development of a professional army wearing a distinctive uniform and taking upon itself a code of chivalry. Certain actions would then become unchivalrous and would lead to heavy sanction from brother soldiers. Chivalry , however, did not protect the common soldier or the ordinary civilian, for whom notions of chivalry were considered inappropriate. Protection by rule of law for the lower orders had to await the acceptance of principles of humanity that took a distinctive form in the 19th century.

Until the 20th century there existed no principle of international law that limited the right of states to go to war. War was seen as an integral part of state sovereignty to be entered into for political reasons.

Politics and society in the early nineteenth century

Augustine , but it was an extremely flexible one, enabling a state to describe its war as just at its own discretion. As a corollary , the enemy state would therefore be fighting an unjust war, and its soldiers could be treated in any manner by the state claiming to be fighting a just war.

Athens and Sparta

It was more than likely that all states involved in a single conflict would claim to be fighting for a just cause and would show an attendant lack of concern for the protection of those unable, through wounds or capture, to defend themselves. The development of modern weapons that could cause unnecessary suffering to combatants, and the great strides made in battlefield medical care, led to a growing awareness that international cooperation was required to protect the wounded and sick.

Henri Dunant , a Swiss citizen and founder of the Red Cross , was preeminent in leading a number of states to conclude the first Geneva Convention in to protect the wounded and sick. But the first attempt to codify the laws of war was drafted by Francis Lieber , a college professor in New York City.

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Promulgated to Union forces by President Abraham Lincoln during the American Civil War , the Lieber code was to have a profound effect on subsequent codifications of the laws of war. In the Declaration of St. Petersburg prohibited the use of explosive projectiles weighing less than grams, while in two major treaties were concluded at The Hague , one concerning asphyxiating gases and another concerned with expanding bullets.

The second Hague conference, in , proved to be a milestone, producing 13 separate treaties.

In the Geneva Gas Protocol was signed, prohibiting the use in war of asphyxiating, poisonous, or other gases and of bacteriological methods of warfare. This was followed in by two further Geneva Conventions , dealing with the wounded and sick and with prisoners of war.

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Following World War II yet another conference produced the four Geneva Conventions dealing, respectively, with the wounded and sick on land, with the wounded, sick, and shipwrecked at sea, with prisoners of war, and with civilians. Further treaties followed, including the Hague Convention on the Protection of Cultural Property, the United Nations Convention on Military or Any Other Hostile Use of Environmental Modification Techniques, and the two Protocols to the Geneva Conventions of , extending the terms of the conventions to wars of national liberation and civil wars.

Much of this customary international law has found its way into the various conventions described above. Therefore, it may properly be argued that, although a particular state is not a party to a certain treaty, it is nevertheless bound by the principle of customary international law codified in that treaty.

Further, a treaty may have such wide acceptance that it can be said to reflect the practice of all states, and it may then bind all states as reflecting customary international law. Some areas of the laws of war are not covered by treaty provisions, making it necessary to turn to other sources of international law.

However, it may be that a particular point has never arisen before. In this case the Martens Clause, which first appeared in one of the Hague Conventions and has been repeated in virtually every major treaty since , avoids any lacuna in the law by providing the following:. Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of public conscience.

Judicial decisions are also a source of the international laws of war. In addition, a Japanese court, in the case of Shimoda v.


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Japan , dealt with the legality in international law of the atomic bombing of Hiroshima and Nagasaki. Specifically, there is no widespread understanding of operational art relevant to Australia's contemporary geostrategic and geopolitical context. The consequence is that there is virtually no culture of campaigning in the ADF that is based on sound doctrine relevant to the demands on Network Centric Warfare, Command, and the Nature of War In this paper, the author examines the claim that information technologies will allow for wider and more rapid sharing of information.

In order to take advantage of the emerging possibilities presented by information technologies, NCW theorists recommend changes to the structure of information age military organisations and changes to the methods for command and control of military forces. With this development, Australia has joined many great states—from the Athenians to the Americans—who have pursued maritime strategies to their benefit. The topic of this paper is the Military Appreciation Process MAP , which is the structured procedure employed by the Australian Army for operational planning.

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Law of war

The paper argues that, while the MAP is generally very effective, it could be further improved by better application of human factors. Specifically, better use of the personal role of the commander, intuition, and creativity will result From Moltke To Bin Laden: The Relevance Of Doctrine In The Contemporary Military Environment For contemporary, Western military organisations doctrine serves as the basis of their members' intellectual unity and underpins their ability to identify and incorporate change.

Doctrine is held in such high regard by military professionals that one senior officer termed it 'the heart of the army. The world looks over the shoulders of corporals and holds them accountable for every time they and their soldiers pull the trigger, as well as for their behaviour towards those they encounter.

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Their tactical decisions and personal conduct may have significance that reaches far beyond their individual actions. The Anzac tradition does not talk much about what happens when combat morale falters and battle fatigue undermines military effectiveness. Yet, despite the Australian Army's proud history, it has not been immune from such problems. Evidence of this is not, however, likely to be found in any official history or unit report. Fortunately, the 7th Australian Infantry Brigade's campaign on Bougainvi On the contrary, the original force lived and died from March to December As responsibility for defence transferred from colonial to federal authorities, many problems of structure, administration and training came to the fore.

The task of forging these disparate structures into a national military organisation confronted a Federa The country has been seen as a mountainous, untouched, inhospitable land, populated by an independent and ferocious people who had a well deserved reputation for stubborn resistance to invaders. This stereotype seemingly unravelled when the US-led Coalition swept across the country in late , defeated the Taliban, and replaced it In recent times, the Army has simultaneously conducted high-intensity warfighting, peacekeeping deployments and counterinsurgency operations - and the foreseea Asymmetry and Complexity - Selected Papers from the Rowell Seminar and the Chief of Army's Conference Since the spectacular terrorist attacks against the United States on 11 September , military professionals, scholars and policy makers have engaged in a spirited debate as to whether we witnessed an epochal shift in the nature of warfare.

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