Boyd van Dijk, Oxford historian and author, delves into defining war crimes and the challenges of upholding laws in conflicts. They discuss the historical context of war crimes, Nuremberg trials, and the use of starvation as a weapon of war. The conversation explores moral dilemmas in warfare, the role of military lawyers, and the evolving regulations to govern wartime conduct.
The Nuremberg trials set a precedent for holding heads of state accountable for wartime acts.
The Geneva Conventions evolved to include protocols protecting civilians from indiscriminate bombing.
Deep dives
Evolution of War Crimes from World War I to Nuremberg
The concept of war crimes and crimes against humanity gained prominence during World War I, with allied propagandists indicting German lawlessness. The Nuremberg trials marked a significant international legal development, allowing for the prosecution of heads of state for wartime acts. Despite imperfections in the Nuremberg process, it set a crucial precedent for holding leaders accountable for their actions.
Regulations on Indiscriminate Bombing and the Development of International Law
The post-World War II era saw advancements in international law regarding war tactics. The Rome Statute explicitly prohibits targeting civilian populations intentionally. The Geneva Conventions of 1949 initially lacked clear prohibitions on indiscriminate bombing, leading to debates and the eventual establishment of additional protocols aiming to protect civilians from such atrocities.
Challenges and Future Prospects in International Humanitarian Law
Contemporary challenges in international law include the regulation of AI weapons and the application of legal principles to emerging warfare domains like outer space. Dr. Boyd Van Dyke emphasizes the importance of preventing and ending wars while upholding wartime constraints. Reflecting on history, the podcast underscores the ongoing struggle to garner global support for new IHL principles and the critical need to preserve restraints during armed conflicts.
Gideon discusses the history of international humanitarian law since the first world war with Boyd van Dijk, a historian at Oxford university and author of a recent book, Preparing for War - The Making of the Geneva Conventions. They discuss current efforts to prevent war crimes and hold leaders engaged in conflict to account. Clip: The Fog of War, RadicalMedia and SenArt Films, distributed by Sony Pictures Classics, 2003