Laws and customs of war in the context of "Jus ad bellum"

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⭐ Core Definition: Laws and customs of war

The law of war is the part of international law that regulates the conditions for initiating war (jus ad bellum) and the conduct of hostilities (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, the modern laws of war address the declarations of war; acceptance of surrender and the treatment of prisoners of war; the principles of distinction, as well as military necessity and proportionality; and the prohibition of certain weapons that cause unnecessary or excessive suffering.

The law of war is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. The term law of war, or jus in bello, overlaps to some degree with opinio juris (also referred to as customary law), but refers to a very specific body of international law composed of customary and treaty-based law.

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Laws and customs of war in the context of German mistreatment of Soviet prisoners of war

During World War II, Soviet prisoners of war (POWs) held by Nazi Germany and primarily in the custody of the German Army were starved and subjected to deadly conditions. Of nearly six million who were captured, around three million died during their imprisonment.

In June 1941, Germany and its allies invaded the Soviet Union and carried out a war of extermination with complete disregard for the laws and customs of war. Among the criminal orders issued before the invasion was for the execution of captured Soviet commissars. Although Germany largely upheld its obligations under the Geneva Convention with prisoners of war of other nationalities, military planners decided to breach it with the Soviet prisoners. By the end of 1941, over 3 million Soviet soldiers had been captured, mostly in large-scale encirclement operations during the German Army's rapid advance. Two-thirds of them had died from starvation, exposure, and disease by early 1942. This is one of the highest sustained death rates for any mass atrocity in history.

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Laws and customs of war in the context of War crimes trial

A war crimes trial is the trial of persons charged with criminal violation of the laws and customs of war and related principles of international law committed during armed conflict.

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