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4 - The Law of Armed Conflict

Published online by Cambridge University Press:  05 June 2012

John F. Murphy
John F. Murphy
Affiliation:
Villanova University, Pennsylvania
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Summary

The law of armed conflict, which regulates the way armed force is employed, is also often referred to as “the law of war” or “international humanitarian law.” Yoram Dinstein, an eminent authority on the subject, rejects these alternative formulations:

Despite its popular usage today, and the stamp of approval of the International Court of Justice, “International Humanitarian Law” as an umbrella designation has a marked disadvantage. This is due to the fact that the coinage IHL is liable to create the false impression that all the rules governing hostilities are – and have to be – truly humanitarian in nature, whereas in fact not a few of them reflect the countervailing constraints of military necessity. … An alternative appellation, popular in the past – “the Laws of Warfare” (or jus in bello) – is equally unsatisfactory, because it is irreconcilable with the reality that the norms in question are also in effect in international armed conflicts falling short of full-fledged wars. …

It is also worth noting that ambiguities raised by the terms “war” and “aggression” caused problems for the League of Nations in its efforts to maintain international peace and security, and use of the term “war” sometimes had major implications in the domestic law and practice of member states.

Traditionally, a sharp distinction has been drawn between the law of armed conflict and the jus ad bellum, the law governing resort to the use of armed force.

Type
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The Evolving Dimensions of International Law
Hard Choices for the World Community
 , pp. 161 - 180
Publisher: Cambridge University Press
Print publication year: 2010

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References

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  • The Law of Armed Conflict
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.005
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  • The Law of Armed Conflict
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Law of Armed Conflict
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.005
Available formats
×