Rules of Riot: Internal Conflict and the Law of War

Rules of Riot: Internal Conflict and the Law of War

James E. Bond
Copyright Date: 1974
Pages: 292
https://www.jstor.org/stable/j.ctt13x15ps
  • Cite this Item
  • Book Info
    Rules of Riot: Internal Conflict and the Law of War
    Book Description:

    Riots, insurrections, guerrilla movements, civil wars-all forms of internal conflict are increasing throughout the world. The conditions that breed domestic violence in the Third World persist, and events in Ulster and Quebec have shown that more advanced industrial countries are not immune from civil disorder. The subject of James E. Bond's book-how can we regulate civil guerrilla warfare?-is therefore one of the most critical questions of our time.

    Originally published in 1974.

    ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

    eISBN: 978-1-4008-6740-0
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. ACKNOWLEDGMENTS
    (pp. vii-viii)
    J. E. B.
  3. Table of Contents
    (pp. ix-2)
  4. INTRODUCTION
    (pp. 3-6)

    International lawyers, reacting to the unhappy events in Southeast Asia as well as to the whole post-World War II pattern of guerrilla movements and wars of national liberation, have begun discussing the law of intervention. When and where and how may states intervene in the internal conflicts of another state? These scholars justify their inquiries on many grounds, one of which is worth emphasizing here: they all believe that these kinds of conflicts will bedevil the international community for the foreseeable future.

    The point is worth emphasizing because I propose to examine still another facet of these conflicts, specifically, the...

  5. CHAPTER I The Historical Development of the Law of War and Its Present Crisis
    (pp. 7-44)

    War has plagued mankind since Cain slew Abel. In the 3,500 years since man began writing his history, he has recorded only 270 years of peace;¹ and even many of those eras and countries popularly regarded as peaceful have been suffused with violence. During the Pax Romana, for example, Roman legions battled barbarians scattered around the perimeter of the empire.² The United States was born in revolution and has enjoyed only two decades of peace in the last two centuries.³ Though the nature of war has changed as civilization has changed, it has never disappeared as the poets dreamed; and...

  6. CHAPTER II The Rationale for Applying Humanitarian Law to Internal Conflict
    (pp. 45-79)

    Though the phrase “law of war” has struck some observers as a contradiction in terms—Cicero remarked that law was silent in war¹—its evolution and codification traced in the preceding chapter attest man’s continuing effort to ameliorate insofar as possible the suffering caused by war. No one questions that the reduction of human suffering is the chief goal of the law of war, but only recently have observers recognized that internal conflicts breed the same kind of human suffering against which the law of war has set its face in international conflicts.

    Internal conflicts have become chambers of horror....

  7. CHAPTER III Trends: The Claims To Apply or Not Apply the Laws of War To Internal Conflicts
    (pp. 80-136)

    The principles just surveyed, however applicable to internal conflict, are after all only principles and not rules. While they provide guidance, they do not dictate specific answers to particular problems. The body of rules deduced from the application of humanitarian principles to the problems of international conflict is large and detailed. The question we now face is whether these rules should also govern internal conflict, or whether the problems characteristic of internal conflict differ so markedly from those common to international conflicts that the application of the same principles will yield different rules. A second question is whether some rules...

  8. CHAPTER IV Recommendations: Proposed Revisions in the Law of War Applicable to Internal Conflict
    (pp. 137-192)

    International law can responsively order internal conflict only if it, first, provides uniform rules for the conduct of military operations therein and, second, provides rules for the classification and treatment of non-combatants. Although the 1949 Geneva Diplomatic Conference rejected the notion that all the laws of war should apply to internal conflict, the International Committee of the Red Cross and others have recently proposed draft protocols that would extend a part of the law of war to internal conflict. As early as 1956 the ICRC published a draft convention entitled “Rules for the Limitation of the Dangers Incurred by the...

  9. CONCLUSION
    (pp. 193-196)

    One can draw many conclusions from the preceding chapters. First, the incidence of internal conflict has increased, is increasing, and will continue to increase throughout the coming decades. The conditions that breed domestic violence in the Third World persist and will not Hkely disappear in the near future. Although internal conflict will plague underdeveloped countries, it will also occasionally erupt in the more advanced northern industrial societies. The Irish Catholic in Ulster and the French Separationists in Quebec may be but harbingers of the winter of our discontent. Some predict that widespread urban guerrilla warfare will shortly break out in...

  10. APPENDIX A Rules for the Limitation of the Dangers Incurred by the Civilian Population in Time of War (1956)
    (pp. 199-208)
  11. APPENDIX B Draft Additional Protocol to Article 3 Common to the Four Geneva Conventions of August 12, 1949
    (pp. 209-229)
  12. APPENDIX C Geneva Convention Relative to the Protection of Human Rights in Internal Armed Conflicts
    (pp. 230-240)
  13. APPENDIX D Canadian Draft Protocol to the Geneva Conventions of 1949 Relative to Conflicts Not International in Character
    (pp. 241-250)
  14. APPENDIX E Minimum Rules for the Protection of Non-Delinquent Detainees
    (pp. 251-264)
  15. Bibliography
    (pp. 265-274)
  16. INDEX
    (pp. 275-280)
  17. Back Matter
    (pp. 281-281)