{"title":"1945年后政治与国际战争法的相互作用分析","authors":"Ahmad Khalid Hatam","doi":"10.31841/kjssh.2022.49","DOIUrl":null,"url":null,"abstract":"The objective of this study is to determine the link, precedence, and interplay between contemporary politics and the laws of war. A particular focus is attached to the political pressure exerted by great powers as well. This study has adopted a qualitative approach and has concluded, in light of scholarly literature, case studies, and media reports, the grim reality that all such bodies are influenced in one way or the other by international politics—largely succumbing to the pressure exerted by great powers—but structural and budgetary restraints also contribute to the malfunctioning of some of them. Another factor undermining the effectiveness of these mechanisms is the ambiguity of some provisions of international law, as well as their absurdity and silence, which are cleverly manipulated by some states in their maneuvers to secure their political interests. The paper re-examines how politics plays a role in molding the Law of War to suit the needs and interests of great powers.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"10 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Interplay Between Politics and International Law of War Post-1945: An Analysis\",\"authors\":\"Ahmad Khalid Hatam\",\"doi\":\"10.31841/kjssh.2022.49\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The objective of this study is to determine the link, precedence, and interplay between contemporary politics and the laws of war. A particular focus is attached to the political pressure exerted by great powers as well. This study has adopted a qualitative approach and has concluded, in light of scholarly literature, case studies, and media reports, the grim reality that all such bodies are influenced in one way or the other by international politics—largely succumbing to the pressure exerted by great powers—but structural and budgetary restraints also contribute to the malfunctioning of some of them. Another factor undermining the effectiveness of these mechanisms is the ambiguity of some provisions of international law, as well as their absurdity and silence, which are cleverly manipulated by some states in their maneuvers to secure their political interests. The paper re-examines how politics plays a role in molding the Law of War to suit the needs and interests of great powers.\",\"PeriodicalId\":117682,\"journal\":{\"name\":\"Kardan Journal of Social Sciences and Humanities\",\"volume\":\"10 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Kardan Journal of Social Sciences and Humanities\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31841/kjssh.2022.49\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Kardan Journal of Social Sciences and Humanities","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31841/kjssh.2022.49","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Interplay Between Politics and International Law of War Post-1945: An Analysis
The objective of this study is to determine the link, precedence, and interplay between contemporary politics and the laws of war. A particular focus is attached to the political pressure exerted by great powers as well. This study has adopted a qualitative approach and has concluded, in light of scholarly literature, case studies, and media reports, the grim reality that all such bodies are influenced in one way or the other by international politics—largely succumbing to the pressure exerted by great powers—but structural and budgetary restraints also contribute to the malfunctioning of some of them. Another factor undermining the effectiveness of these mechanisms is the ambiguity of some provisions of international law, as well as their absurdity and silence, which are cleverly manipulated by some states in their maneuvers to secure their political interests. The paper re-examines how politics plays a role in molding the Law of War to suit the needs and interests of great powers.