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When Do States Follow the Laws of War?

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  • MORROW, JAMES D.

Abstract

The laws of war seek to regulate conduct during wartime. The record of compliance with these treaties is mixed. I explain compliance as the result of publicly accepted and so legally binding agreements that create incentives for the parties to enforce those agreements through reciprocity. Ratification by a democracy is a signal that it intends to abide by the treaty standard; those that ratify are more likely to comply. Ratification does not effect the behavior of nondemocracies, however. Ratification of the relevant treaty by both warring parties strengthens reciprocity. There is a hierarchy of average compliance across issues which matches the scope for violations by individuals on each issue, with greater scope for such violations corresponding to lower levels of compliance.

Suggested Citation

  • Morrow, James D., 2007. "When Do States Follow the Laws of War?," American Political Science Review, Cambridge University Press, vol. 101(3), pages 559-572, August.
    • Handle: RePEc:cup:apsrev:v:101:y:2007:i:03:p:559-572_07
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    Cited by:

    1. Boehmer Charles & Corbetta Renato, 2016. "Hard International Law-Contributing Organizations as Networks," Peace Economics, Peace Science, and Public Policy, De Gruyter, vol. 22(4), pages 413-426, December.
    2. Barbara Pavlikova & Lenka Freel & Jitse P. van Dijk, 2020. "Compliance with the Framework Convention on Tobacco Control in Slovakia and in Finland: Two Different Worlds," IJERPH, MDPI, vol. 17(18), pages 1-18, September.
    3. Eric Neumayer, 2013. "Do governments mean business when they derogate? Human rights violations during notified states of emergency," The Review of International Organizations, Springer, vol. 8(1), pages 1-31, March.
    4. Jonathan A. Chu, 2019. "A Clash of Norms? How Reciprocity and International Humanitarian Law affect American Opinion on the Treatment of POWs," Journal of Conflict Resolution, Peace Science Society (International), vol. 63(5), pages 1140-1164, May.
    5. Lisa Martin, 2008. "Xinyuan Dai, International Institutions and National Policies," The Review of International Organizations, Springer, vol. 3(2), pages 201-206, June.
    6. Atsushi Tago, 2013. "Why do states formally invoke the right of individual self-defense? Legal-, diplomatic- and aid-politics to motivate states to respect international law," Conflict Management and Peace Science, Peace Science Society (International), vol. 30(2), pages 161-177, April.
    7. Kristian Skrede Gleditsch & Simon Hug & Livia Isabella Schubiger & Julian Wucherpfennig, 2011. "International Conventions and Non-State Actors: Selection, Signaling, and Reputation Effects," HiCN Working Papers 108, Households in Conflict Network.
    8. James Meernik & Kimi King, 2014. "A psychological jurisprudence model of public opinion and international prosecution," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 17(1), pages 3-20, March.
    9. Kristian Skrede Gleditsch & Simon Hug & Livia Isabella Schubiger & Julian Wucherpfennig, 2018. "International Conventions and Nonstate Actors," Journal of Conflict Resolution, Peace Science Society (International), vol. 62(2), pages 346-380, February.
    10. Emilie M. Hafner-Burton & Jana von Stein & Erik Gartzke, 2008. "International Organizations Count," Journal of Conflict Resolution, Peace Science Society (International), vol. 52(2), pages 175-188, April.

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