Introduction

Part III of the Study, although entitled ‘Specific Methods of Warfare’, embraces a miscellaneous range of topics: denial of quarter (Rules 46–48), destruction and seizure of property (Rules 49–52), starvation and access to humanitarian relief (Rules 53–56), deception (Rules 57–65), and communication with the enemy (Rules 66–69).

Treaty-based roots for the laws concerning specific methods of warfare are, for the most part, found in Hague Law provisions. The Lieber Code of 1863, which was adopted by Federal forces in the American Civil War of 1861–65 (a non-international armed conflict but one on a massive scale), prohibits the denial of quarter (Articles 60–62, 66), limits the right of one side to exercise control over the property of the other or of its nationals (Articles 31, 34–38, 44–45, 72–73), prohibits assassination (Article 148), prohibits acting in bad faith (Article 11), explicitly permits starvation as a method of war (Articles 17–18), addresses espionage and sabotage (Articles 83–84, 88, 98–100, 102, 104), permits ruses and prohibits perfidy (Article 101), and addresses modalities of communication (Articles 111–114).

The Regulations annexed to Hague Convention IV of 1907 Respecting the Laws and Customs of War on Land, which updated a similar convention adopted as Hague Convention II in 1899, also address specific methods of warfare.