Chapter

Atrocity, policy, and the laws of war : what does political science have to say to law ?

James D. Morrow

Economic analysis of international law

Cheltenham ; Northampton : E. Elgar, 2016

p. 221-248

English

Bibliographie : p. 246-248. - Photocopies

This article seeks to analyze when and why warring states and militaries engage in ‘atrocities’, that is, acts which violate international agreements, and further analyzes how development in international law can influence parties away from such atrocities. The author develops two primary arguments: one concerning the strategic advantages gained through atrocities or restraint, and two, how militaries develop internal mechanisms of discipline and control. He begins with an analysis of inter-state wars, first looking at a series of non-legal explanations for why states do or do not turn to atrocities. He suggests that ratification of treaties serves signaling and screening functions, and clearly delineates what sorts of conduct will constitute a ‘violation’ of international law. He then analyzes how and why democracies kill enemy civilians.

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