Why do the laws of war give equal protections to fighters on both sides of a conflict?

The laws of war, or jus in bello, are designed to limit the suffering caused by armed conflict, regardless of the reasons behind the fighting. A fundamental principle of these laws is that they take no account of the causes of a conflict; therefore, the combatants of an aggressor nation are entitled to the same rights and protections as those of the state they attacked.12

This approach is essential for maintaining the humanitarian integrity of international law. By decoupling the legal conduct of hostilities from the political or moral justifications for the war, the laws of war ensure that all combatants are treated according to established standards—such as the right to prisoner-of-war status—rather than being subject to the arbitrary whims of their adversary.13

Ultimately, this framework aims to protect not only combatants but also noncombatants, the wounded, and the sick, upholding the ethical principle that even in the midst of violence, there are universal standards of human dignity that must be respected by all parties.2