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Jus ad bellum

The distinction between the right to go to war, jus ad bellum, and proper conduct during war, jus in bello (international humanitarian law), together with the notion of the protection of victims of armed conflict, had thus come into play... [Pg.6]

The jus ad bellum principles apply to defensive action taken by States that Yoram Dinstein calls on-the-spot reactions, defensive armed reprisals, protection of nationals abroad, and extra-territorial law enforcement. See Dinstein 2011, para 644 para 656 para 676 and para 728, respectively. See also Kretzmer 2013, pp. 258-259 (for a discussion of Yoram Dinstein s theory). [Pg.340]

In respect of those conflicts for which the jus ad bellum continues to have application (i.e., including some responses under the more limited approach) the... [Pg.341]

In contrast to the broad theory of jus ad bellum application, the more limited approach focuses on the traditionally more violent and potentially broader state responses to attacks by other states that reach the level of a war. This approach prompts two observations. First, because war is narrowly defined as only... [Pg.342]

Greenwood 1989, pp. 278-79 [where a distinction is made between the jus ad bellum operating at the strategic level ( strategic proportionality ) and the jus in bello being relevant to a discussion of tactical proportionality ) See also Kretzmer 2013, p. 278 ( [w]hile the question in jus in bello relates to attacks on specific targets, in jus ad bellum the question relates to the whole picture ). [Pg.342]

There is also often a requirement to assess military advantage when a state is conducting targeting while exercising a right to self-defense. In this situation the strategic impact of jus ad bellum based principles, such as proportionality, will... [Pg.357]

Katz Y, Hendel Y (2012) Israel vs. Iran the shadow war. Potomac Books, Washington DC Keegan J (1993) The history of warfare. Wntage Books, New York Klaidman D (2012) Kill or capture. Houghton Mifflin Harcourt, New York Kraska J (2011) Maritime power and the law of the sea. Oxford University Press, Oxford Kretzmer D (2013) The inherent right to self- defence and proportionality in jus ad bellum. Eur J Int Law 24 235-282... [Pg.360]


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Jus Ad Bellum An Engineering Perspective

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