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The laws of war refer to the principles, rules, and regulations that regulate relations between belligerents and between belligerents and neutral or non-belligerents, as well as the methods and means of warfare. Its role is to protect the legitimate rights and interests of neutral, non-belligerent and belligerents, to protect civilians and to protect belligerents and victims of war from unnecessary and unlawful harm.
First of all, the development of the law of war embodies the constant pursuit of human society to stop war and limit the harmfulness of war. In traditional international law, states have the right to resort to war, that is, they are allowed to use war as a means of settling international disputes and pursuing national policies. However, with the progress of social science and technology and the development of economic strength, the cruelty of war has intensified, and the sentiment and demand for opposing and restricting war have also become increasingly high.
Thus, the modern law of war further explicitly prohibits war and the unlawful use of force, and requires States to settle international disputes by peaceful means and avoid endangering international peace, security and justice.
Second, the laws of war play an important role in protecting the legitimate rights and interests of neutral, non-belligerent, and belligerent states. The laws of war set out a series of rules and regulations, such as the rights and obligations of neutral states, restrictions on methods and means of warfare, etc., to protect the legitimate rights and interests of neutral states, non-belligerents and belligerents. In addition, the laws of war also stipulate rules for the protection of civilians and belligerents, such as prohibiting the use of chemicals**, prohibiting attacks on civilians, etc., in order to reduce the harm caused by war to innocent people.
In short, the law of war plays an important role in limiting the harm of war and protecting civilians, and is an important means for modern international law and human society to stop and limit the harm of war.
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The Franco-Prussian War was a war fought by Prussia to unify Germany and compete with France for supremacy on the European continent. But the war was started by France, and it ended with a complete victory for Prussia and the establishment of the German Empire. The Franco-Prussian War ended with the fall of the Second French Empire and the capitulation of the French bourgeoisie.
The Franco-Prussian armistice treaty of Frankfurt was extremely harsh: France ceded Alsace and Lorraine to Germany and paid an indemnity of 5 billion francs. This also led to the outbreak of the proletarian revolution in Paris on March 18 in France.
On January 18, 1871, King Wilhelm I of Prussia proclaimed the establishment of the German Empire in the Hall of Mirrors at the Palace of Versailles, and he himself became the first emperor. Germany was reunified. However, the feud between Germany and France in this war laid the groundwork for the outbreak of World War I.
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Germany used this war to unify Germany, and the advance also accelerated the pace of the second industrial revolution of the German state, accelerated the speed of economic and technological development, and also allowed Italy to take advantage of the defeat of France to drive France out of the country.
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His influence on France was still relatively large, because after this war, the strength of the French army was basically weakened a lot. At the same time, the war also united Germany.
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There are several important principles that are generally accepted in the modern law of warfare.
1. Respect for the principle of obligations under international law. Any belligerent must comply with its obligations under international law under treaties on the laws of war. The conduct of warfare must be conducted in accordance with the laws of war"Military necessity"with"The treaty does not provide for it"None of them can be used as a reason to exempt them from their obligations.
2. Principle of differential treatment. In war, civilians and armed forces, combatants and non-combatants, combatants and victims of war should be treated differently.
3 Humanitarian principles. Not only should non-combatants, victims of war and civilians be protected in war, but combatants should also be treated humanely.
4. Abide by the principle of neutrality. The belligerents shall protect the interests of the neutral State, which shall maintain an impartial and neutral position. Any breach constitutes a breach of the obligation of neutrality, for which the perpetrator is internationally responsible.
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Section 1 Introduction.
Section 2 The Beginning of War and Its Legal Consequences.
Section 3: Content of the Laws of War.
Section 4 Neutrality in Time of War.
Section 5 The end of the war and its legal consequences.
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Refers to the **, tools and methods used in combat. According to the laws of war.
There are restrictions on the ** and methods of warfare used in war or armed conflict. Summarizing the relevant international treaties and customs, the prohibited means of war mainly include:
Excessively lethal means of warfare, i.e., methods of warfare that exceed the extent of depriving combatants of their ability to fight, causing excruciating suffering and inevitable death;
chemical and bacteriological**, i.e. asphyxiating, toxic or otherwise similar of all kinds**;
Indiscriminate means of warfare refer to methods of warfare that do not distinguish between civilians and belligerents, between military and non-military objectives;
The large-scale destruction of human beings refers to the atoms.
Hydrogen isonuclear **.
The war to change the environment refers to changing the climate, causing tsunamis, and destroying the ecological balance.
means of warfare such as the destruction of the ozone layer and the mass destruction of mankind;
Treacherous means of warfare refer to the means used to take advantage of the opponent's observance of the laws of war or faith to achieve their own ends.
In addition, the torture of prisoners, the wounded and sick, and the attacks on the buildings and transports of medical teams, medical clinics, medical institutions, hospital ships and medical aircraft, and medical personnel are also prohibited methods of warfare.
Military occupation. Refers to a state in which one of the belligerents occupies part or all of the enemy's territory by armies in a war or armed conflict and temporarily exercises its rule. Military occupation is temporary and does not involve the attribution of territorial sovereignty.
It is conditioned on the fact that there is a war or armed conflict and occupation and the intention to ensure domination. A temporary invasion does not constitute military occupation. The Hague, 1907.
This is set out in more detail in the Statutes of War on Land and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949.
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When the enemy retreats, I advance, when the enemy advances, I retreat, when the enemy is stationed, I disturb, and when the enemy is tired, I fight.
1. Protect the living forces, fight if you can, and withdraw if you can't.
2. If people don't offend me, I won't offend anyone, and if people offend me, I will offend people.
3. Conduct operations by encroachment, and the countryside encircles the cities.
4. On the basis of the strength of the masses, mobilize all the forces that can be mobilized.
5. Don't use suspicious people, don't suspect people.
6. Return to the field in the shadows and grow stronger, and eliminate the opponent silently.
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On the basis of understanding the laws of war, people determine their own fundamental methods for guiding war in accordance with the laws of war.
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When the enemy retreats, we advance, when the enemy advances, when the enemy retreats, when the enemy is stationed and we disturb, and when the enemy is tired, I fight.
1. Protect the living forces, fight if you can, and withdraw if you can't.
2. If people don't offend me, I won't offend people, and if people offend me, I will offend people 3. Fight by encroachment, and the countryside surrounds the city.
4. On the basis of the strength of the masses, mobilize all the forces that can be mobilized 5. Do not use suspicious people, and do not doubt them.
6. Develop and grow in the shadows and eliminate opponents silently.
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Seek both political and material interests. With regard to the broad masses of peasants, on the one hand, the establishment of workers' and peasants' political power in the base areas and liberated areas has enabled hundreds of millions of peasants to turn themselves into political power. On the other hand, it is necessary to vigorously carry out the agrarian revolution and solve the land question, which is the greatest material benefit that the working peasants have dreamed of for generations.
Integrate the pursuit of long-term interests with the consideration of immediate interests. On the premise of giving priority to satisfying the needs of the war and doing everything for the sake of victory at the front, we should lighten the people's burdens to the greatest extent and do our utmost to provide the masses with tangible material benefits.
We should take into account the interests of all sections of the masses in order to arouse the enthusiasm of the overwhelming majority of the masses to support and participate in the revolutionary war.
We should focus on promoting the interests of the broad masses of peasants. This is because the main force of the Chinese revolutionary war is the broad masses of peasants, who play the greatest role in the war, make the greatest contributions, and bear the heaviest burdens and sacrifices.
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