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25-473: No quarter , no mercy shown by a victor, who treats a vanquished opponent very harshly or refuses to spare a surrendering opponent's life. No quarter may also refer to: No quarter The term no quarter may originate from an order by the commander of a victorious army that they will not quarter (house) captured enemy combatants. Therefore, none can be taken prisoner and all enemy combatants must be killed. A second derivation, given equal prominence in

50-462: A dispute with any nation that has not affirmed the "silence implies consent" principle, any invocation of the "silence implies consent" principle involves an appeal to custom, such that if that nation does not espouse the broader premise of acknowledging the existence of customary international law, such an appeal will depend on circular reasoning ("customary international law is binding because silence implies consent, and silence implies consent because

75-535: A general practice accepted as law." Article 38(1)(b) of the Statute of the International Court of Justice, has recognized International Custom as evidence of general practice accepted as law. Thus, general practice demonstrates custom, and not vice versa. In order to prove the existence of customary rule, it is necessary to show that there exists a 'general practice' which conforms to the rule and which

100-786: A judgment on the law relating to war crimes and crimes against humanity at the Nuremberg trials in October 1946, the 1907 Hague Convention, including the explicit prohibition to declare that no quarter will be given, are considered to be part of the customary laws of war and are binding on all parties in an international armed conflict. Customary international law Customary international law consists of international obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or conventions. Customary international law

125-548: A matter of customary law before they were codified in the Hague Conventions of 1899 and 1907 , Geneva Conventions , and other treaties. However, these conventions do not purport to govern all legal matters that may arise during war. Instead, Article 1(2) of Additional Protocol I dictates that customary international law governs legal matters concerning armed conflict not covered by other agreements. Generally, sovereign nations must consent in order to be bound by

150-419: A particular treaty or legal norm. However, international customary laws are norms that have become pervasive enough internationally that countries need not consent in order to be bound. In these cases, all that is needed is that the state has not objected to the law. However, states that object to customary international law may not be bound by them unless these laws are deemed to be jus cogens . However, in

175-620: A red flag (the so-called bloody flag ). However, the use of a red flag to signal no quarter does not appear to have been universal among combatants. Black flags have been used to signify that quarter would be given if surrender was prompt; the best-known example is the Jolly Roger used by pirates to intimidate a target crew into surrender. By promising quarter, pirates avoided costly and dangerous sea battles which might leave both ships crippled and dozens of critical crew dead or incapacitated. Other "no quarter" incidents took place during

200-732: A rule of law requiring it ... The States concerned must therefore feel that they are conforming to what amounts to a legal obligation." The Court emphasised the need to prove a "sense of legal duty" as distinct from "acts motivated by considerations of courtesy, convenience or tradition". This was subsequently confirmed in Nicaragua v. United States of America . The recognition of different customary laws can range from simple bilateral recognition of customary laws to worldwide multilateral recognition. Regional customs can become customary international law in their respective regions, but do not become customary international law for nations outside

225-463: A significant number of States and not be rejected by a significant number of States." A marker of customary international law is consensus among states exhibited both by widespread conduct and a discernible sense of obligation. The two essential elements of customary international law are state practice and opinio juris , as confirmed by the International Court of Justice in the Legality of

250-564: A small group of states. States are typically bound by customary international law, regardless of whether the states have codified these laws domestically or through treaties. A peremptory norm (also called jus cogens , Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a non-derogable norm. These norms are rooted in natural law principles, and any laws conflicting with it should be considered null and void. Examples include various international crimes ;

275-741: A state violates customary international law if it permits or engages in slavery , torture , genocide , war of aggression , or crimes against humanity . Jus cogens and customary international law are not interchangeable. All jus cogens are customary international law through their adoption by states, but not all customary international laws rise to the level of peremptory norms. States can deviate from customary international law by enacting treaties and conflicting laws, but jus cogens are non-derogable. Some international customary laws have been codified through treaties and domestic laws, while others are recognized only as customary law. The laws of war , also known as jus in bello , were long

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300-483: Is a state practice that "appears to be sufficiently widespread, representative as well as consistent" showing that a significant number of states have used and relied on the rule in question and the concept has not been rejected by a significant number of states, (2) states were motivated by a belief that they were legally compelled to accept the legitimacy of the rule in question because customary international law obligated them to do so ( opinio juris ) . In 1950,

325-439: Is accepted as law. Customary international law "consists of rules of law derived from the consistent conduct of States acting out of the belief that the law required them to act that way". It follows that customary international law can be discerned by a "widespread repetition by States of similar international acts over time (state practice); Acts must occur out of sense of obligation ( opinio juris ); Acts must be taken by

350-672: Is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice , jurists , the United Nations , and its member states to be among the primary sources of international law . Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. A rule becomes customary international if two requirements are met: (1) There

375-703: The Oxford English Dictionary ( OED ), is that quarter (n.17) can mean "Relations with, or conduct towards, another" as in Shakespeare's Othello , Act II, scene iii, line 180, "Friends all   [...] In quarter, and in termes, like bride and groome". So "no quarter" may also mean refusal to enter into an agreement (relations) with an enemy attempting to surrender. The OED mentions a third possible derivation but says "The assertion of De Brieux ( Origines   [...] de plusieurs façons de parler (1672) 16) that it arose in an agreement between

400-564: The Battle of the Alamo in 1836, the 1850 to 1864 Taiping Rebellion , and at Tippermuir in 1644, Scots Covenanters used the battle cry "Jesus, and no quarter", signifying they would not take prisoners. Under international humanitarian law , "it is especially forbidden   [...] to declare that no quarter will be given". This was established under Article 23(d) of the 1907 Hague Convention IV – The Laws and Customs of War on Land . Since

425-608: The International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed

450-447: The chamade "; if accepted, they were generally allowed to retain their weapons, and received a safe conduct to the nearest friendly territory. If a garrison continued their defence beyond this point, the surrender was not accepted, hence "no quarter"; the besiegers were then "permitted" to sack the town, and the garrison was often killed. In some circumstances, the opposing forces would signal their intention to give no quarter by using

475-533: The Conclusions and encouraged their widest possible dissemination. The International Court of Justice Statute defines customary international law in Article 38(1)(b) as "a general practice accepted as law". This is generally determined through two factors: the general practice of states, and what states have accepted as law ( opinio juris sive necessitatis ). This means that many states need to engage in

500-953: The Dutch and Spanish, by which the ransom of an officer or private was to be a quarter of his pay, is at variance with the sense of the phrases to give or receive quarter ." During the First English Civil War , the Long Parliament issued an ordinance of no quarter to the Irish on 24 October 1644 in response to Confederate Ireland electing to send troops in support of Charles I of England against them: An Ordinance Commanding that no Officer or Soldier either by Sea or Land, shall give any Quarter to any Irishman, or to any papist born in Ireland, which shall be taken in Arms against

525-701: The Parliament in England. By the 17th century, siege warfare was an exact art, the rules of which were so well understood that wagering on the outcome and duration of a siege became a popular craze; the then-enormous sum of £200,000 was alleged to have been bet on the outcome of the Second Siege of Limerick in 1691 . Professional honour demanded a defence, but if a garrison surrendered when "a practicable breach" had been made, they were given "quarter". The garrison signaled their intent to surrender by "beating

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550-545: The Threat or Use of Nuclear Weapons . In relation to the psychological element that is opinio juris , the International Court of Justice further held in North Sea Continental Shelf that "not only must the acts concerned amount to a settled practice, but they must also be such, or be carried out in such a way, as to be evidence of a belief that this practice is rendered obligatory by the existence of

575-532: The fact that silence implies consent is one aspect of customary international law"). The Statute of the International Court of Justice acknowledges the existence of customary international law in Article 38(1)(b), incorporated into the United Nations Charter by Article 92: "The Court, whose function is to decide in accordance with international law such as disputes that are submitted to it, shall apply ... international custom, as evidence of

600-444: The practice (in particular, great powers) and that states engage in the practice out of a sense of legal obligation (rather than custom or habit). There are several kinds of customary international laws recognized by states. Some customary international laws rise to the level of jus cogens through acceptance by the international community as non-derogable rights, while other customary international law may simply be followed by

625-584: The region. The existence of bilateral customary law was recognized by the International Court of Justice in the Right of Passage Over Indian Territory case between Portugal and India, in which the court found "no reason why long continued practice between the two states accepted by them as regulating their relations should not form the basis of mutual rights and obligations between the two states". Other examples accepted or claimed as customary international law include immunity of visiting foreign heads of state and

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