War is a terribly fraught business. War always runs the risk of clouding our judgement and engenders emotions that can run sky-high at times. War is a crucible where nationalism speeds forever onwards to the fore of our minds squeezing out and eclipsing our values, locking out a swathe of important issues. Apart from truth being its first casualty, war and nationalism colours a proper consideration of the laws of war and the hope of their eventual enforcement.

War can loosen and minimise our commitment to legal principles such as the rule of law itself, how war is properly prosecuted, not employing war indiscriminately and disproportionately, the protection of non-combatants, to not use prohibited weapons such as landmines, biological or chemical agents, to eschew any form of torture, to not stymie or attack any hospitals or persons employed in attending the sick and injured, and to treat any prisoners of war humanely, amongst many other considerations. Moral conduct, human rights, civility and the rule of law, are what democratic societies live and die for. During war, all of these things can be considered ‘the pejorative pastime of intellectuals and oddballs who probably have too much time on their hands’.

The facts of the matter are that the rule of international law cannot be expunged, demeaned, pilloried or considered optional by any side of a conflict, except through dirty politics, self-interest and expediency. 

-- John Candido