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This book explores the distinction and relationship between two
principal branches of international law regulating the use of
force: jus ad bellum (international law regulating the resort to
force) and jus in bello (international humanitarian law). Two
principles traditionally govern the relationship between the two:
1) separation of jus ad bellum and jus in bello and 2) equal
application of jus in bello to the conflicting parties. These
principles emerged in response to the claim that a conflicting
party using force illegally under jus ad bellum should not benefit
from the protection for victims of armed conflict under jus in
bello, which would completely defeat the humanitarian purpose of
jus in bello to protect all victims of armed conflict impartially.
There is, however, a third principle: concurrent application of jus
ad bellum and jus in bello. Unlike in the past, jus ad bellum now
regulates the use of force during a conflict alongside jus in bello
and hence, the two are now considered as one set of rules applying
during a conflict. The book explores in detail the interaction
between jus ad bellum and jus in bello in the light of these three
principles. The relationship between the two has been principally
discussed in the context of the use of force in self-defence and
international armed conflict. However, this book examines the
relationship in other contexts of a very different nature, namely
the use of force under Chapter VII of the United Nations Charter,
non-international armed conflict, and armed conflict of a mixed
character. The book concludes that the three principles governing
the relationship are equally valid, with certain variations, in
these different contexts.
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