Accession Number:

ADA440266

Title:

You Fight Your Way, We Fight Our Way: The Cultural Conflict Between China and the Law of War

Descriptive Note:

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILLE VA

Personal Author(s):

Report Date:

2001-04-01

Pagination or Media Count:

111.0

Abstract:

In his survey of warfare, military historian John Keegan noted, culture ..... a prime determinate of the nature of warfare. The law of war is an effort by the world community to unify the culture of warfare. This thesis proposes that the there is an inherent cultural conflict between China and the law of war that cannot be resolved in the near future. This conflict is based on four different factors 1 Chinas distrust of the West 2 Chinas unique perspective on law 3 Chinas unique perspective on war 4 Chinas military doctrine. My thesis will show that the cultural conflict between China and the law of war is so extensive that China will not adhere to the principles of just ad bellum and just in bello if engaged in an armed conflict with the United States. The last portion of this thesis will examine scenarios of China breaching the law of war by reverting to its traditional method of waging war and possible response by the United States.

Subject Categories:

  • Sociology and Law
  • Military Operations, Strategy and Tactics

Distribution Statement:

APPROVED FOR PUBLIC RELEASE