Sovereignty and the Laws of War: International Consequences of Japan's 1905 Victory over Russia

• Published in: Law and history review Vol. 29; no. 1; pp. 53 - 97
• Main Author: Howland, Douglas
• Format: Journal Article
• Language: English
• Published: New York, USA Cambridge University Press 01-02-2011
• Subjects: Constitutional law; Declaration of war; Diplomacy; Government liability; Hague Conventions; International hostility; International law; Laws of war; Neutrality; Sovereign states; Sovereignty; War; RUSSIA; JAPAN
• ISSN: 0738-2480; 1939-9022
• DOI: 10.1017/S0738248010001227

The Russo–Japanese War (1904–1905), recently commemorated with several international conference volumes, is identified by a majority of contributors as the first modern, global war. In making such a judgment, these scholars note its scale, its nationalism, its colonialism and geopolitical repercussions. What is surprising, however, is that no one has remarked on another significance: it was the first war in which both belligerents pledged to adhere to the international laws of war. In that regard, the Russo–Japanese War marks a culmination of the tireless international diplomacy to secure legal limitations on warfare in the nineteenth century. In 1904, both Russia and Japan justified their operations according to international law, for the benefit of an international audience who had five years earlier celebrated some progress with the signing of The Hague Conventions in 1899.