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The Chinese Journal of International Politics Advance Access originally published online on October 21, 2008
The Chinese Journal of International Politics 2008 2(2):171-203; doi:10.1093/cjip/pon007
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Reproduced from the Quarterly Journal of International Politics, with kind permission of the authors and the Institute of International Studies, Tsinghua University

The Evolution of International Laws of War

Xu Jin*

Xu Jin is an Assistant Professor at the Institute of World Economics and Politics, China Academy of Social Sciences.

* Corresponding author. Email: x-j04@163.com

The first 150 words of the full text of this article appear below.

After centuries of little to no change in the norms of war, European nations began systematically signing treaties and agreements during the second half of the 19th century that placed limits on violent behaviour in war.1 The roots of these laws are in the 1856 Paris Declaration Respecting Maritime Law,2 and the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (also known as the Geneva Convention) that compiled the existing laws of war3 and was predecessor to the systematic body of rules known as the Law of Geneva which 12 European states signed in 1864. The document also laid the framework for the Laws of The Hague, the rules concerning the conduct of hostilities agreed upon at the two Hague Conventions of 1899 and 1906–1907. Post WWII, laws of war advanced in 1949, when 63 countries signed the Fourth Geneva Convention, and in . . . [Full Text of this Article]


   Current Explanations for Changes in the Laws of War
 
Explanations Offered by Scholars of the Laws of War

Explanations of International Relations Scholars


   Human Reason and the Laws of War
 
Changes in Shared Beliefs and the Evolution of Standards in the Laws of War

Human Reason and the Laws of War

Changes in Domestic Political Structures and Rationality

Humanitarianism and the Laws of War

Discussion of Case Selection


   The Development of POW Norms as Laws of War
 
POWs during the Era of Absolute Monarchism (1618–1788)

The Roots of Indifferent Value Rationality with respect to the Rights of POWs

Enlightenment Scholars’ Theories on POWs

Transition in Value Rationality

Legislation Prior to WWI


   POW Convention and the Handling of POWs during WWII
 
American POW Policy and Practices vis-à-vis Germany67

Japanese Policy and Practices Vis-à-vis Allied POWs

German Policy and Practices towards POWs

Summary of Analysis


   Conclusion
 

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