Law-
Kinds of international law
The
rules of international law are generally divided into laws of peace,
of war, and of neutrality. Peace is considered the normal relationship
between nations.
The laws of peace define the rights and duties of nations at peace
with one another. Each country has a right to existence, legal
equality, jurisdiction over its territory, ownership of property, and
diplomatic relations with other countries. Many of the laws of peace
deal with recognizing countries as members of the family of nations
and recognizing new governments in old nations. Most governments are
recognized de jure--that is, as rightful governments. Under unsettled
conditions, a government may be recognized de facto--that is, as
actually controlling the country, whether or not by right. Rules
dealing with territory include the rights and duties of aliens, the
right of passage through territorial waters, and the extradition of
criminals.
The laws of war. War is still recognized under traditional
international law. Warring states are called belligerents. The laws of
war provide definite restrictions on methods of warfare. For example,
undefended towns, called open cities, must not be bombarded. Private
property must not be seized by invaders without compensation.
Surrendering soldiers may not be killed or assaulted and must be
treated as prisoners of war.
All the laws of war have been violated repeatedly. In wartime, nations
fight for their existence, and it is not always possible to get them
to follow rules. Each nation does its best to destroy its enemy, and
it uses the most effective weapons it can find.
Even in war, however, many international rules are observed. During
World War II (1939-1945), many of the belligerent nations followed the
international rules for the treatment of prisoners of war. Millions of
former prisoners of war are alive today because these rules were
followed more often than they were broken.
The laws of neutrality. Under international law, belligerents are
forbidden to move troops across neutral territory. Neutral waters and
ports must not be used for naval operations. Belligerent warships
entering neutral ports must leave within 24 hours or be interned.
In the 1800's and 1900's, neutral nations claimed many rights for
their ships on the high seas. But the laws about neutrals, like the
laws about war, are often broken. Neutral countries have been invaded
in many wars, and neutral rights on the high seas are frequently
ignored.
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