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The Jus ad Bellum and the War in Gaza
Journal of International PeacekeepingThis article examines some of the main arguments relating to the applicability and relevance of the right of self-defence to the ongoing war in Gaza. It starts by discussing the question whether Israel has the right to invoke self-defence in response to
T.D. Gill
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The result of over five years of work by a team of over a dozen top legal scholars, the Manual is intended to reflect an objective assessment of the existing law (lex lata) of the jus ad bellum, with the hope that it can serve as a ready and valuable ...
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Journal of International Humanitarian Legal Studies, 2015
Fernando Téson argues: “Human beings have claims against their own states and governments that the international community cannot merely ignore.”1 Claims which are founded on rights and their protection have become the foundation for a radical new formulation of the concept of sovereignty, as contained in the Responsibility to Protect Report of 2001 ...
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Fernando Téson argues: “Human beings have claims against their own states and governments that the international community cannot merely ignore.”1 Claims which are founded on rights and their protection have become the foundation for a radical new formulation of the concept of sovereignty, as contained in the Responsibility to Protect Report of 2001 ...
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The obscurities of jus ad bellum proportionality and its interplay with jus in bello
Although not explicitly mentioned in Art. 51 of the UN Charter, there is a consensus that self-defence is inter alia restricted by proportionality. However, the content and scope of this so-called jus ad bellum proportionality are still controversial in ...
Dana Schirwon
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, 2020
This article examines the tendencies to define the scope of application of jus ad bellum negatively in relation to the scope of application of jus in bello and demonstrates their neutralizing effect on the prohibition on the use of force under Article 2 ...
K. L. Yip
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This article examines the tendencies to define the scope of application of jus ad bellum negatively in relation to the scope of application of jus in bello and demonstrates their neutralizing effect on the prohibition on the use of force under Article 2 ...
K. L. Yip
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, 2020
Today, it is widely held that while authorization may be helpful in assuring that the other jus ad bellum criteria are met, legitimate authority is not itself a condition for just recourse to war.
Jordy Rocheleau
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Today, it is widely held that while authorization may be helpful in assuring that the other jus ad bellum criteria are met, legitimate authority is not itself a condition for just recourse to war.
Jordy Rocheleau
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2009
The jus ad bellum is generally viewed as a static field of law. The standard account is that when the UN Charter was adopted in 1945, it enshrined a complete prohibition on the use of force in inter-state relations, except when action is being taken in self-defense against an armed attack or under authorization of the UN Security Council.
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The jus ad bellum is generally viewed as a static field of law. The standard account is that when the UN Charter was adopted in 1945, it enshrined a complete prohibition on the use of force in inter-state relations, except when action is being taken in self-defense against an armed attack or under authorization of the UN Security Council.
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Jus ad bellum, jus in bello , l'enfance meurtrie
Le Télémaque, 2012Résumé La souffrance ou la mort de l’enfant outrepassent tout droit de la guerre ou toute régulation morale ou politique de la violence, au cours des guerres et au-delà. La prise d’otages d’enfants dans une école, le massacre d’enfants sous des bombardements invalident l’idée même de guerre “juste”.
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2018
This chapter argues for greatly expanding the scope of just war theorizing. Once one realizes that institutions matter to the morality of war, the list of issues that just war theory should address expands greatly beyond the question of what are the criteria for the rightness of war-making acts.
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This chapter argues for greatly expanding the scope of just war theorizing. Once one realizes that institutions matter to the morality of war, the list of issues that just war theory should address expands greatly beyond the question of what are the criteria for the rightness of war-making acts.
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El terrorismo como «casus belli»: el desafío del 11-S al «ius ad bellum»
Memoria y CivilizaciónTwo of the most serious consequences of the September 11, 2001, terrorist attacks were the wars in Iraq and Afghanistan, examples of how terrorism can become a casus belli.
Leandro Martínez-Peñas
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