ABSTRACT
HELEN DURHAM Senior Research Fellow and Program Director, Research and Development, Asia Pacific Centre for Military Law, Melbourne Law School
The modern codification of international humanitarian law (IHL) is found pre-dominantly in the Geneva Conventions2 and their 1977 Additional Protocols,3 documents which are relatively new and European in name. However the core concepts embedded in these treaties (distinction, proportionality and limitation)4 and the notion that ‘Even Wars Have Limits’5 are not recent. Throughout the ages there have been countless instances of limitations during armed conflict. Deemed the oldest area of international relations and international law, law relating to warfare can be found in every culture in some form or other.6 Indeed from the ancient Greek myths7 to sixth century BC Chinese writings8
there are references to the benefits, both humane and pragmatic, in placing restrictions on violence during armed conflict.
