Jan 4, 2007 22:21
17 yrs ago
German term

Kriegsrecht

German to English Law/Patents Law (general)
Die mittelalterliche und frühneuzeitliche Kriegsrechtslehre nahm auch römische Überlieferungen auf.
Would "martial law" be an appropriate translation here or "law of war"? or?? "Martial law" seems to me to be too restrictive, i.e. I think of it in instances where civil law has failed and "law of war" sounds just too clunky.

Any help would be appreciated.

Frank Gentry

many thanks in advance
Change log

Jan 5, 2007 08:35: Steffen Walter changed "Term asked" from "kriegsrecht" to "Kriegsrecht" , "Field" from "Other" to "Law/Patents"

Discussion

Darin Fitzpatrick Jan 5, 2007:
Based on http://de.wikipedia.org/wiki/Kriegsrecht, it seems that the German is ambiguous. I suspect that "Kriegsvölkerrecht" is meant, but check the rest of the context.

Proposed translations

+4
8 mins
Selected

laws of war

googles well -- you'll have to determine whether it fits your context

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Note added at 10 mins (2007-01-04 22:31:49 GMT)
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Also called "Law of Armed Conflict", as noted in the cited references.

See also here:

International humanitarian law, the jus in bello, concerns the way wars may be fought. It is distinct from the law governing when wars may be fought (the jus ad bellum of self-defence and the UN Charter). Also known as the 'laws of war', international humanitarian law traces its origins to 1859, when the Swiss businessman Henri Dunant witnessed the aftermath of the Battle of Solferino and initiated a movement that became the International Committee of the Red Cross. Today, the rules of international humanitarian law are found in the 1907 Hague Conventions, the 1949 Geneva Conventions and their two Additional Protocols of 1977, as well as in a parallel body of unwritten customary international law that binds all countries, including those that have not ratified the Conventions and Protocols. A central principle prohibits the direct targeting of civilians, as well as attacks on military targets that could be expected to cause civilian suffering disproportionate to the specific military goals to be acheived.
http://www.lrb.co.uk/v25/n04/byer01_.html
Peer comment(s):

agree Mariusz Kuklinski
13 mins
Thanks, Mariusz
agree Valeska Nygren : Yes: laws of war - since there is a legal distinction between "war" and "armed conflict"
41 mins
Thanks, Valeska
agree Francis Lee (X) : I'm no military geek, but I do know the difference between martial law and wars between nations/parties; alternatively "code of conduct" for wars/military conflict
11 hrs
Thanks, Francis : )
agree truchement : Law of war: In 1598 A.Gentili'a De Jure Belli ws published.It is a comprehensive discussion of the law of war (M.Shaw, International Law). Martial law = national law; law of war = international law.
17 hrs
Thanks, truchement
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks very much to Brie and all who supported her suggestion. It, i.e. "Laws of War", fits very well within the context of the whole article. "
+1
50 mins

s.u.

Frank, I think your 'martial law' hits the jackpot.
(therefore, no Kudo points for me, please)
Peer comment(s):

agree Camilla Seifert : I agree with Karin. Martial law (Collins): the rule of law established and maintained by the military in the absence of civil law. This would in my opinion apply here.
6 hrs
neutral Francis Lee (X) : IMOI this does not apply for the very reason specified by the Asker
10 hrs
Something went wrong...
15 hrs

military law

Roman law had laws specific to the military, and the middle ages/early modern recognized laws and courts that distinguished between clerics (Canon law) and civilians (civil law).
Military law might apply to the behavior of groups (militias, armies, et al.) in questions of siege, sacking of towns, etc, as well as to individuals within those groups.
Frank, have you tried deremi? the military historians there might have a suggestion.

Peer comment(s):

neutral Darin Fitzpatrick : Military law (e.g., US Uniform Code of Military Justice) applies in peacetime as well.
3 hrs
Something went wrong...
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