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TERM >
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Limited
War
By Peter Rowe |
A
State may make it clear, by what its leaders say or by its actions,
including unilateral declarations or bilateral agreements, that it
is fighting a limited war. By this it may mean that it wishes to engage
its enemy only within certain defined territory, or that it does not
seek to persuade any other State to take part in the conflict as an
ally, or that it does not intend to use certain weapons at its disposal,
or that it intends only to destroy a certain type of military infrastructure,
such as radar installations.
The armed conflict between Great Britain and Argentina in 1982 could
be described as a limited war in the sense that Britain had the capability
to strike at mainland Argentina but chose not to do so. No other State
was involved and Britain for its part limited the conflict to the
Falkland/Malvinas Islands and a belligerency zone that Britain declared
around it, the purpose being to distinguish neutrals from enemy combatants.
Had a Royal Navy warship come across an Argentinian warship in the
Pacific during the time of the conflict it would probably not have
attacked it.
International humanitarian law (IHL) applies as soon as an armed conflict
occurs, even if a state of war is not recognized by any of the combatant
nations. Thus, once an armed conflict occurs, the intensity or the
scope of the conflict is irrelevant. The same obligations are owed
by the combatants engaged in it as are owed in any other form of armed
conflict between States. It follows that the concept of limited war,
like total war, although of great importance
for understanding the behavior of parties in wartime, is not a legal
term within IHL.
In practice, however, a limited war may be intended to be of short
duration. As a result it may be considered impracticable to build
prisoner of war camps. Prisoners of war may therefore be repatriated
during the conflict, an event which took place during the Falkland
conflict in 1982. With modern weapon systems a State may have the
capacity to strike with very accurate weapons at prime military
objectives without any other military action being necessary.
The capability of the attacked State to respond may, in consequence,
be nonexistent or very limited, and the object of keeping the conflict
limited can be achieved.
In all of these situations, IHL applies.

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