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

摘要

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) China's distrust of the West; (2) China's unique perspective on law; (3) China's unique perspective on war; (4) China's 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.