The laws of yesterday's wars : from Indigenous Australians to the American Civil War

This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War. Half Title Series Information Title Page Copyright Page Contents Acknowledgements Tables Notes on Contributors Introduction Chapter 1 Indigenous Australians 1 ‘On War’: Debate over the Nature of Indigenous Armed Conflict 1.1 Disputes over Women 1.2 Vengance and Justice 1.3 Trespass... and ‘Invasion’? 2 Command, Control and Communications 2.1 ‘Warrior chiefs’ or Totemic Leaders? 2.2 Holistic Military Organization within Hunter-Gatherer Groups 2.3 Warrior Lodges... in Australia? 2.4 Organisation through Confederacies? 3 Types of Confrontations 3.1 Stealth Attacks (Revenge Expeditions or Raids) 3.1.1 Judicial yet ‘lawless’ Nature of Raids 3.1.2 Composition and Conduct of a Raid 3.1.3 ‘Sneaky Attacker’: The Raid Leader 3.1.4 From Counter-Raid to Full-Scale War 3.2 The Open or Regulated Battle 3.2.1 General Format 3.2.2 Variations 4 Prohibited Actions in Aboriginal Warfare 4.1 Attacking People with Status 4.2 Equity in Damages (‘Payback’) and Substitution 4.3 Avoid Unnecessary Wounding or Killing 4.4 Avoid Attacks on Certain Part of the Body 4.5 Ensure the Opponent Is Aware and Fully Engaged 4.6 Ensure Equity in Weaponry and Numbers 4.7 Fighting on Behalf of One’s Guests 4.8 Protect and Honour Non-Combatant Elders 4.9 Protect Ammunition-Gatherers 4.10 Shield Women and Children 4.11 Protect and Assist the Wounded and Deceased 5 Conclusion Acknowledgements Chapter 2 Māori Warfare and the New Zealand Wars – Atrocities, Chivalry and Apologies 1 Introduction 2 A Balance of Power 2.1 The Far North 3 The Change in Practice: Around Wellington and Whanganui 4 War in the Taranaki 5 War in the Waikato 6 Prohibited Actions 6.1 High Chivalry 6.2 Dirty War 6.2.1 Riwha Tītokowaru 6.2.2 Te Kooti 6.2.3 Parihaka 7 Conclusion Chapter 3 The Aztecs 1 Introduction 1.1 Commercial Basis of the Aztec Empire 1.2 Imperial Military Control 2 System of Governance 2.1 War as a Religious Goal 2.2 Social Structure, Social Advancement and the Role of War 2.3 The House of Youth and Military Training 3 Means and Methods 3.1 Angry Wars – Imperial Conquest and Expansion 3.2 Flowery Wars 3.3 Origin of Aztec Captives Used for Sacrifice 3.4 Weapon Systems 4 Restrictions 4.1 Attacking People without Standing 4.2 ‘Living Gods’ – Respectful Treatment of War Captives 4.3 Posthumous Honouring of War Captives 4.4 Trade of Captives 4.5 Treatment of Casualties and Their Families 4.6 War Ends When Tax Is Paid 5 Conclusion Chapter 4 The Late Middle Ages in Northern Europe 1 Introduction 2 Means and Methods of Warfare 2.1 Nature of Warfare 2.1.1 Private/Feudal War 2.1.2 Public War 2.1.3 War to the Death 2.2 Siege Warfare 3 System of Governance 3.1 History of the Courts 3.2 Appeals 3.3 Duels 3.4 Making the Choice 4 Prohibited Actions 4.1 Unjust War 4.2 Prohibition on the Attacking of Protected Persons 4.3 War to the Death – Holy Wars 4.4 Sieges 4.5 Prohibition on the Execution of Prisoners of War 4.6 Prohibition on the Breach of Oath 4.7 Law of Ransom 4.8 Breach of Fealty 4.9 Prohibition on the Taking of Private Spoils 4.10 Prohibited Weapons 5 Defences 5.1 Specific Defence for Breach of Law of Ransom 5.2 General Defence of Reprisal 5.3 General Defence of Necessity 6 Conclusion Chapter 5 The Renaissance 1 Introduction 1.1 Sources to Be Relied Upon 1.2 Aim of This Chapter 2 Means and Methods of Warfare 2.1 The Source for the Laws of War 2.2 Conception of War 2.3 Declaring War 2.3.1 Legitimate Power 2.3.2 Fighting without the Authority of a Sovereign 2.3.3 A Just Reason 2.4 Waging War 3 Regulating Conduct in War 3.1 The Problem 3.2 Articles of War 3.3 Contracts of Service 4 Prohibited Conduct in War 4.1 Protection of Non-Participants 4.2 Protection from Bodily Harm 4.3 Protection from Harm to Property 4.4 Prohibited Conduct against the Enemy 4.5 Treacherous Behaviour 4.6 Harm to the Captured 4.7 Use of Unfair Weapons 5 Defences to Prohibited Conduct 5.1 Military Necessity 5.2 Loss of Innocence 5.3 Incidental Harm 5.4 Reprisal 5.5 Difference of Religion 5.6 Rebels 6 Consequences of Breach 6.1 The Sovereign and His Officers 6.2 Military Court 6.3 Drawn and Quartered 6.4 Dishonourable Death 6.5 Hanging 6.6 Running the Gauntlet 6.7 Maiming 6.8 Forfeiture of Possessions 6.9 Imprisonment 6.10 Informal Punishments 7 Conclusion Chapter 6 The Viking Age 1 Introduction 2 System of Governance 2.1 Social Hierarchy 2.2 Religion, Mythology, and Honour 2.2.1 The Cult of Odin and Warfare 2.3 Retinues and Elite Warriors 2.3.1 Recruitment 2.3.2 Ranks within Retinues 3 Warfare 3.1 Training and Preparation 3.2 Nature and Goals of Warfare 3.2.1 External Raids and Campaigns 3.2.2 Internal Conflicts 4 Prohibited and Condemned Actions 4.1 Prohibited Actions 4.1.1 Failure to Maintain Weapons and Equipment 4.1.2 Stealing and Unfair Distribution of Loot 4.2 Condemned Actions 4.2.1 Fleeing Battle 4.2.2 The Berserkers 5 Conclusion Chapter 7 Pirates and Privateers in Elizabethan England 1 Introduction 2 Means and Methods of Warfare 2.1 Nature 2.1.1 Elizabethan Geopolitical Paradigm 2.1.2 pew-m Methodology 2.1.3 Definitional Framework 2.1.4 Asymmetrical Approach 2.2 Goals and Risks 2.2.1 International Relations 2.2.2 Strategic Advantage 3 System of Governance 3.1 Regulatory Structure 3.1.1 Assertion of Lawfulness 3.1.2 Adjudication and Division of Loot 4 Prohibited Conduct 4.1 Conduct Classification 4.1.1 Conduct and Identity 4.1.2 Location of Occurrence 4.2 Defences 4.2.1 Implied Immunity 4.2.2 Economic, Political and Defence Concerns 5 Conclusion Chapter 8 Code of Necessity – Assessing the Lieber Code as a Form of Strategic Lawfare 1 Means and Methods of Warfare 1.1 Competing 19th Century Views on the Laws of War 1.2 Henry Dunant & the LoW as a Humanitarian Function 1.3 Francis Lieber & loac as a Justification for “Just” War 2 Regulating Conduct in War 2.1 A Third Approach: The Creation of the Lieber Code as a “Lawfare” Capability 2.2 Slavery’s Impact: Competing Views on Belligerency between the Union & Confederacy 3 Prohibited Conduct in War 3.1 Military Necessity & War Sustaining 3.2 Military Justification to End Southern Confederacy’s Reliance on Slavery 4 Conclusion Conclusion Index "This book offers a culture-by-culture account of various unique restrictions placed on warfare over time, in a bid to demonstrate the underlying humanity often accompanying the horrors of war. It offers the first systematic exploration of Indigenous Australian laws of war, relaying decades of experience in communities. Containing essays by a range of laws of war academics and practitioners, this volume is a starting point in a new debate on the question: how international is international humanitarian law?"-- Provided by publisher