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10 - Reciprocity as Tit-for-Tat: Rational Retaliation in Modern War

Published online by Cambridge University Press:  05 June 2012

Mark Osiel
Affiliation:
University of Iowa
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Summary

MILITARY HISTORY THROUGH THE LENS OF SOCIAL SCIENCE

To answer convincingly this book's policy questions, we must first ask a more elemental empirical one: Do the Geneva Conventions really contribute much to restraint in war, to better treatment of enemy soldiers and civilians? Or, do the Conventions merely coordinate relations among states with preexisting cooperative interests, having no independent effect on their behavior? Claims that relaxing legal restraints on combating terrorists will have dire consequences for human protection assume that these restraints have been effective. Yet how different would the last century's history of warfare have been if there had been no Hague or Geneva Conventions? These questions presume that, when engaged in practical moral reasoning, we need to take consequences seriously, including consequences that are unintended but foreseeable.

Restraint in war has many sources in addition to those imposed by law. How important is the law, really, when compared to these other sources? There has always been intermittent evidence throughout military history for what might be called a sociology of martial restraint. In early modern Europe, historian Geoffrey Parker observes, especially at the local level,

Where garrisons from opposing sides existed in close proximity, conventions emerged that anticipated the live and let live system on relatively quiet sectors of the trenches on the western front during World War I.…In order to remove the intolerable tensions of living on permanent alert, rival garrison commanders or neighboring (but opposed) communities would agree not to attack each other. There was even a ratchet effect, as cooperation on such basic matters led to deals in other areas, such as where each side might safely forage.[…]

Type
Chapter
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The End of Reciprocity
Terror, Torture, and the Law of War
, pp. 264 - 295
Publisher: Cambridge University Press
Print publication year: 2009

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