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Ius Ad Bellum and Ius in Bello the Separation between the Legality of the Use of Force and Humanitarian Rules to Be Respected in Warfare:Crucial or Outdated?

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Chapter Summary

In this chapter, the author uses a broad concept of ius ad bellum, one which includes not only the rules of the UN Charter on the use of force, but also all rules of international law which directly or indirectly justify the use of force in international relations. International Humanitarian Law is its most important branch, equally commented upon in all its aspects by Yoram Dinstein. It limits the use of violence in armed conflicts by protecting those who do not or no longer directly participate in hostilities and limiting the violence to the amount necessary to achieve the aim of the conflict, which under ius in bello can, whether that aim is lawful or unlawful under ius ad bellum, only be to weaken the military potential of the enemy. Today, this branch of international law is largely codified in the 1949 Geneva Conventions and the 1977 Additional Protocols.

Keywords: Bello; Force; Humanitarian; International humanitarian law (IHL); ius ad bellum; ius in bello; land warfare; Legality; non-International armed conflicts; Separation



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