The United States and International Humanitarian Law: Building It Up, Then Tearing It Down

Abstract

In the aftermath of World War II, the United States was a leader in advancing international humanitarian law, more commonly known as the law of war. The law of war imposes limitations on permissible conduct in an armed conflict in order to constrain the violence, reduce the harm to those not involved in the conflict, mitigate the suffering of combatants, and facilitate a return to peace. After decades championing the law of war, the United States has often ignored it as an inconvenience and impediment in its so-called war on terrorism setting a precedence that could prove problematic in the future when other state parties follow its example. This paper examines the development of the law of war, the role the United States played in its advancement, areas where post-9/11 policies strayed, and argues that it is in the national interest for the United States to reaffirm its commitment to IHL.

Keywords: IHL, international humanitarian law, IHL, Geneva, law of war, LOAC, torture, drones