The Distinction and Relationship between Jus ad Bellum and Jus in Bello

The Distinction and Relationship between Jus ad Bellum and Jus in Bello
Author: Keiichiro Okimoto
Publisher: Hart Publishing
Total Pages: 390
Release: 2011-07-01
Genre: Law
ISBN: 9781849460552

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This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.

International Law And Armed Conflict, Exploring the Faultlines

International Law And Armed Conflict, Exploring the Faultlines
Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
Total Pages: 629
Release: 2007
Genre: Law
ISBN: 9004154280

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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
Author: Noelle Higgins
Publisher: BRILL
Total Pages: 288
Release: 2009-12-14
Genre: Law
ISBN: 9047426347

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This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece
Author: Emiliano J. Buis
Publisher: BRILL
Total Pages: 329
Release: 2018-05-01
Genre: Law
ISBN: 9004363823

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In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

Rights and Civilizations

Rights and Civilizations
Author: Gustavo Gozzi
Publisher: Cambridge University Press
Total Pages: 409
Release: 2019-02-14
Genre: History
ISBN: 1108474233

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Illustrates the origin and ways of Western hegemony over other civilizations across the world.

The Use of Force against Ukraine and International Law

The Use of Force against Ukraine and International Law
Author: Sergey Sayapin
Publisher: Springer
Total Pages: 465
Release: 2018-09-08
Genre: Law
ISBN: 9462652228

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Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law’sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.

The Cambridge Handbook of the Just War

The Cambridge Handbook of the Just War
Author: Larry May
Publisher: Cambridge University Press
Total Pages: 369
Release: 2018-02-15
Genre: Law
ISBN: 1107152496

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A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.

The International Law of Economic Warfare

The International Law of Economic Warfare
Author: Teoman M. Hagemeyer-Witzleb
Publisher: Springer Nature
Total Pages: 406
Release: 2021-07-14
Genre: Law
ISBN: 3030728463

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Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

Jus in Bello After September 11, 2001

Jus in Bello After September 11, 2001
Author: Magne Frostad
Publisher: Nomos Verlagsgesellschaft Mbh & Company
Total Pages: 212
Release: 2005
Genre: History
ISBN: 9783832911799

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The relationship between jus ad bellum and jus in bello is such that the use of force in self-defence may have an impact on the entitlement to the status of combatant and prisoner of war. This book examines the jus ad bellum, the jus in bello and the status of prisoner, also in the light of the developments since September 11, 2001. The book addresses international lawyers in private practice, in government service or in the armed forces and students of international law.

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders
Author: Hitomi Takemura
Publisher: Springer Science & Business Media
Total Pages: 259
Release: 2008-12-14
Genre: Law
ISBN: 3540705279

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International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.