The Brussels Peace Conference of 1874 and the Modern Laws of Belligerent Qualification

Abstract

The Brussels Conference of 1874 was convened after the Franco-Prussian War (1870-71). At stake was not only the restoration of the fragile balance of power in Europe, but also the articulation of a new ideal of warfare and its role in the European state system. This article discusses the Conference in relation to the “new war” thesis put forth by Mary Kaldor in New and Old Wars (1999). It was at Brussels that the “old war” crystalized as a political ideal: War would be a tournament, fought by professional armies, organized by nation states; civilians who refrained from participation would be protected from being attacked. At Brussels, this view prevailed over the “total war” view, which would permit both deliberate targeting of civilians and violent reprisal against them. Brussels laid the foundations for the further development of international humanitarian law at The Hague Peace Conference of 1899.