Total
war is sometimes used to mean the mobilization of all resources,
economic and military, by a society in support of a war effort;
this was the American description of its own engagement during World
War II. It has also been used to mean a willingness to engage the
enemy in any geographic zone, or with any available weaponry, or
sometimes a willingness to fight a scorched-earth campaign, even
on ones own territory. It has also been used to mean war conducted
against an enemys military and economic infrastructure, across
all of its territory, in order to cripple the enemys ability
to wage war; Great Britain used the term in this sense in both World
Wars. The term has also been used to mean a willingness to countenance
any method or means of warfare, legal or illegal, including, for
example, weapons categorically considered illegal, such as chemical
or biological weapons. These
extremely varied uses of the term total war have radically
different legal implications within international humanitarian law
(IHL).
The first three meanings of total war need not imply violations
of IHL. It is possible, for example, under IHL to mobilize all of
a societys resources to war ends. It is also possible to fight
lawfully within IHL in any theater or with any legal weapons. It
is even possible, although more difficult, to fight a war attacking
military-economic infrastructure legally, provided that the attacking
forces respect IHL rules regarding indiscriminate attack. Where
a party to conflict runs afoul of IHL is the belief that total war
permits the suspension of the laws of armed conflict.
IHL applies however intense the armed conflict. Any State that attempted
to fight a total war, in the sense that it declared it would not
abide by the limitations imposed on its conduct of the conflict
by IHL, would be in violation of IHL and presumably would find itself
the subject of UN Security Council resolutions.
In addition, it is no defense to individual or State liability for
breaches of IHL that one's enemy is fighting a total war. Nor is
it a defense to plead military necessity; military
necessity only justifies actions that are themselves legal.
IHL itself gives some latitude to commanders to conduct military
operations, but they must act within the limitations of IHL. Nor
is it a defense to argue that your breaches of IHL, as part of a
total war, are in reprisal for the acts
of your enemy. There are specific prohibitions in the Geneva Conventions
of 1949 and in the 1977 Additional Protocol I of reprisals against
those protected by these instruments, such as the civilian population,
civilian objects, the wounded and sick, and prisoners of war.
(See legitimate military targets;
limited war; military
objectives.)

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