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17 - Rethinking the Relationship Between Jus in Bello and Jus ad Bellum

A Dialogue Between Authors

from Part IV - Imagining a Better World

Published online by Cambridge University Press:  21 May 2018

Leila Nadya Sadat
Affiliation:
Washington University, St Louis
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Summary

Seeking bold action against serious global challenges, government and academic experts have been calling for relaxation of legal restraints on military force since the end of the Cold War. The argument is that war is the most powerful tool we have. Logically it should be useable at least by democratic governments for the common good or in the national interest. Yet, war is disaster. It is proving counter-productive in response to human rights crises, terrorism, boundary disputes, weapons programs, and oppressive regimes. The unlawful use of force is helping to create a more violent and chaotic world. It is undermining the international legal regime of peace. The time has come to return to what works for the protection of human lives and the natural environment. Law restraining war, presuming peace, and maintaining a clear legal boundary between war and peace is the right approach. The United Nations Charter strictly limits resort to war. The law governing the conduct of armed conflict is designed to apply in true emergencies only. The body of human rights law is what applies at all other times and places. Promoting this law supports flourishing of all.
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Publisher: Cambridge University Press
Print publication year: 2018

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