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The Facilitative Function of Jus in Bello [PDF]

SSRN Electronic Journal, 2019
In a recent book, Adil Ahmad Haque attempts to reconcile between jus in bello and ‘deep morality,’ by constructing international humanitarian law (IHL) as a prohibitive system, the constitutive aim of which is non-consequentialist: to ‘serve’ combatants by providing them with rules that if followed would allow them to better conform to their moral ...
Eliav Lieblich
semanticscholar   +3 more sources

Führerprinzip or 'I Was Following Orders' in Jus in Bello Era

Conatus, 2023
In June of 1945, the International Military Tribunal (ITM) formed in London, faced the problem of a non-yet existing legal armor for the Nazi crimes. Two new rules were widely accepted there.
George Boutlas
openalex   +3 more sources

Jus in bello Necessity, The Requirement of Minimal Force, and Autonomous Weapons Systems [PDF]

Social Science Research Network, 2022
In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just ...
Alexander Blanchard, Mariarosaria Taddeo
openalex   +2 more sources

Just preparation for war and AI-enabled weapons [PDF]

Frontiers in Big Data, 2023
This paper maintains that the just war tradition provides a useful framework for analyzing ethical issues related to the development of weapons that incorporate artificial intelligence (AI), or “AI-enabled weapons.” While development of any weapon ...
Mitt Regan, Jovana Davidovic
doaj   +2 more sources

Jus in bello a operace Irácká svoboda

Obrana a Strategie, 2010
War is a constant feature of human affairs and a permanent topic of ethical debates. Moral reasoning about war and peace known as just war theory has its roots in Christian ethics and is connected to positive international law.
Eva DUŘPEKTOVÁ, Zdeněk KŘÍŽ
doaj   +2 more sources

Críticas de Rousseau ao Jus Ad Bellum e ao Jus in Bello de Hugo Grotius [PDF]

Trans/Form/Ação, 2015
RESUMO:Nosso objetivo no presente artigo é apresentar algumas das principais críticas dirigidas por Rousseau às ideias acerca do direito “da” e principalmente “na” guerra, tal como aparecem na obra de Hugo Grotius. Rousseau insiste para que seus leitores
Evaldo Becker
doaj   +2 more sources

Environmental Ethics of War: Jus ad Bellum, Jus in Bello, and the Natural Environment

Conatus, 2023
The conduct of hostilities is very bad for the environment, yet relatively little attention has been focused on environmental military ethics by just war theorists and revisionist philosophers of war.
Tamar Meisels
openalex   +2 more sources

The armed conflict in Gaza, and its complexity under international law: Jus ad bellum, jus in bello, and international justice

Leiden Journal of International Law
The armed conflict in Gaza raises a series of questions under international law. The most significant questions concern the Israel’s use of force under jus ad bellum, the military operations conducted by the belligerents in relation to the law of armed ...
Raphaël Van Steenberghe
openalex   +3 more sources

Soft Law in Jus in Bello and Jus ad Bellum: What Lessons for Business and Human Rights?

AJIL Unbound, 2020
This contribution, rather than focusing on the debates within the Business and Human Rights (BHR) domain itself, offers a comparison between soft law regulation in the BHR context, on the one hand, and in the jus in bello (JIB) and jus ad bellum (JAB ...
Alonso Gurmendi Dunkelberg
doaj   +2 more sources

Moral equality of soldiers in war: Necessity of separating jus ad bellum from jus in bello [PDF]

Војно дело, 2016
In a world and age in which wars are a daily phenomenon, soldiers and combatants are often times judged as moral or immoral based on the morality of the war they are fighting.
Stanar Dragan
doaj   +2 more sources