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The Jus Ad Bellum\u27s Regulatory Form [PDF]
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations.
Monica Hakimi, Hakimi, Monica
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Should Autonomous Weapons Need a Reason to Kill?
ABSTRACT Purves et al. argue against deploying automated weapons because they fail to act for the right reason. Given that soldiers do not necessarily act in an ideal way, I argue that it is morally preferable to deploy autonomous weapons that are incapable of acting for the wrong reason over combatants that are likely (although not guaranteed) to act ...
Garry Young
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Assisting Rebels Abroad: The Ethics of Violence at the Limits of the Defensive Paradigm
Abstract In this article, I analyse the theory and practice of interventions in foreign civil wars to assist rebels fighting against violently oppressive government. I argue that the indirect nature of this kind of intervention gives rise to political complications that are either absent from or less obvious in humanitarian interventions aimed chiefly ...
Christopher J. Finlay
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Attitudes toward the Use of Force: Instrumental Imperatives, Moral Principles, and International Law
Abstract What informs ordinary citizens' attitudes toward the use of force? Previous research identifies several key concerns in public opinion toward war, but does not directly evaluate the relative importance of these considerations. We articulate three distinct logics of war support—moral, legal, and instrumental—and use an experimental survey with ...
Janina Dill, Livia I. Schubiger
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Abstract In light of recent reevaluations of the work of Hugo Grotius, this essay analyzes the respective roles of Francisco de Vitoria and Grotius in the construction of the “Grotian tradition” of international law and human rights. In contrast to conventional accounts which understand the two within a progression, this essay argues that Vitoria and ...
John E. Carter
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Russia’s attack on Ukraine and the jus ad bellum
The 24 February 2022 Russian invasion of–or ‘special military operation’ in–Ukraine has sent shock waves across the globe. In this editorial the Editors-in-Chief of JUFIL examine in detail the legal justifications advanced by President Putin for Russia’s
Ruys, Tom +2 more
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Philosophy &Public Affairs, Volume 51, Issue 1, Page 33-59, Winter 2023.
David J. Clark
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New dilemmas of the «just war» theory
Referring to the classical tenets of the “just war” theory, the author also analyses its modern versions. While the research the author arrives at the conclusion that some political scientists have modernized the theory of “a just war” according to the ...
Ekaterina P. Shanchenko
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The concept of rights in the justification of the “just war”
The theory of “just war” of Walzer, is a theory about the justification of states to go to war, as presented in his book: Just and unjust wars, whose central thesis is based on the following proposition: the only justification for going to war is the ...
Raúl Andrés Jaramillo Echavarría
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The Jus ad Bellum and Russia’s “Special Military Operation” in Ukraine [PDF]
This editorial commentary examines the justifications put forward by the Russian government for its “special military operation” against the background of the law governing the use of force (jus ad bellum). It also addresses the relevance of that body of
Gill, T.D., T.D. Gill
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