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Wars Of National Liberation – The Right To Self-Determination And The Jus Ad Bellum

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Chapter Summary

This chapter investigates the jus ad bellum from the opposite perspective, i.e. the legality of the use of force by national liberation movements for the attainment of their right to self-determination. In order to fully understand the framework of the jus ad bellum applicable to national liberation movements, an overview of the development of the principle of self-determination into a legal right and its status under the international legal framework is undertaken. The chapter then analyses how the principle of self-determination was accepted as a right within the UN system. It discusses the acceptance of the right to self-determination outside of the UN system. The chapter considers state practice in relation to the recognition of national liberation movements. It also considers the justifications proffered by national liberation movements for their use of force and analyses the Just War theory in relation to wars of national liberation.

Keywords: Jus ad Bellum; Just War; national liberation; self-determination



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