The just-war framework neatly distinguishes between jus ad bellum , the criteria that address political leaders decisions for waging war, and jus in bello , the criteria that address soldiers conduct during war. Yet developments in the empirical science of civil wars, the U.S. militarys recent...
The article uses the latter part of just war theory as an analytical tool for answering the question whether the allied conduct during the Operation Iraqi Freedom in 2003 met the criteria of justice in war (jus in bello). Two main principles of jus in bello are discrimination and ...
Pre-commitment to Jus in Bello and Jus Post Bellum as Part of the Criterion of Right Intention This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment... Annalisa,Koeman - 《Journal of ...
In that context, appeals to the criteria ofjus ad bellumandjus in bellocomplement (or sometimes compete with) thinking that draws on international law, ... J Kelsay - 《Ethics & International Affairs》 被引量: 2发表: 2013年 Declaring war in early modern Europe Declarations of war have been...
¹²The principles of thejus post bellumprovide an opportunity to sharpen these criteria. If one takesthem seriously, thosewho startawar must participate inrebuilding the damagedcountry.“There arejus post bellumduties on both sides at the end ofawar.Ifthevictorious party is the party that ...
“major operations” against a standing army. The recent naming and explosion of literature in this field follow from a sense that traditional just war conceptions ofjus ad bellumandjus in bellohave failed to address justice at the end of conflicts, and that this theoretical gap has been ...
This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.Redaelli, ChiaraGoettingen Journal of International La...
The purpose of the present paper is to assess if and to what extend jus ad bellum and jus in bello rules apply to cyber-attacks against space system and to suggest criteria to enable recourse to these rules in the context of cyber warfare in space.Fabio Tronchetti...
Neither the end of non-international armed conflicts nor the end of the temporal scope of international humanitarian law is defined in treaty law. At the same time, the case law and literature largely ignore this issue. It is proposed in this paper to use the criteria and identifying factors...
Where harm to nature or its inhabitants are not caused by military aggression, just war theory criteria point in favor of responding via measures short of war. Finally, I suggest that responding by means that are not themselves harmful to nature serves to fulfill the further ...