战争法基本原则讲义（Lecture on basic principles of War Law）.docVIP

战争法基本原则讲义（Lecture on basic principles of War Law） I. overview 1, the concept: the principle of the war law refers to the long-term development of the war and armed conflict formed, with universal significance and broad legal effect, and constitute the basis of the principles of war law collectively. 2, features: no independence, dependent on other sources of international law exist. But it does not deny its existence, because when these principles are put forward and accepted by the whole world, their role is far beyond what they have been attached to. 3, significance: (1) declare the importance of the treaty being sent; (2) promote the implementation of specific rules, so as to make it easier to understand. 4, the status quo and future: as the cultures of different countries are not the same, it is difficult to put forward a principle that requires all people to recognize, but the current formulation of the principle points out the direction of the efforts of all countries. However, with the continuous development of world economy and politics, the system of principles of war law will be gradually established. However, the irregular way of warfare must eventually disappear, when there is no need for war law. Two, specific content 1, humanitarian principle (1) requirements: to minimize the brutality of war, nor should the enemy impose disproportionate harm to the purpose of operations (2): the origin of the additional protocol in August 1949 12 about four Geneva Convention on the protection of victims of international armed conflicts (the first protocol) to enjoy the contracting parties, reaffirming the four Geneva conventions of August 12, 1949 and the provisions of the present protocol must in all cases fully applicable to all people affected by the file protection, not nature in armed conflict or because the basis of adverse distinction. (3) significance: A is the most important principle of modern war law, and other principles are based on it. Therefore, the mod