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Topic: Jus In Bello

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Jus Ad Bellum

Jus Ad Bellum

Jus Ad Bellum

Laws of war

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Warfare

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	Jus ad bellum - Wikipedia, the free encyclopedia
		Ius ad bellum is sometimes considered a part of the laws of war, although the term "laws of war" can also be considered to refer to ius in bello, which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just).
		Doctrines concerning the protection of civilians in wartime, or the need for "proportionality" when force is used, are addressed to issues of conduct within a war, but the same doctrines can also shed light on the question of when it is lawful (or unlawful) to go to war in the first place.
		In fact, these expressions were only coined at the time of the League of Nations and were rarely used in doctrine or practice until after the Second World War, in the late 1940s to be precise.
	en.wikipedia.org /wiki/Jus_Ad_Bellum (408 words)

	Jus in Bello
		Jus in bello also requires that the agents of war be held responsible for their actions.
		Just as the jus ad bellum principle of right intention suggests that wars must be fought for limited objectives, the notion of limited war suggests that there must be restraint with regard to the quantity and quality of weaponry used during warfare.[25] First, weapons that do not discriminate between combatants and non-combatants cannot be used.
		The use of asphyxiating or poisonous gases, the starvation of civilians as a method of warfare, and the destruction of objects that are indispensable to the civilian population are prohibited.[26] In addition, weapons that cause long-term environmental damage are prohibited.[27] This includes destruction or contamination of foodstuffs, crops, livestock, and drinking water.
	www.beyondintractability.org /m/jus_in_bello.jsp (3117 words)

	Laws of war - Wikipedia, the free encyclopedia
		The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians.
		The laws of war, foremost the United Nations Charter, the Geneva conventions and the Hague conventions bind consenting nations and have achieved widespread consent.
		Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello.
	en.wikipedia.org /wiki/Laws_of_war (1276 words)

	Just War Theory and the Faith of Unitarian Universalism (Site not responding. Last check: 2007-09-18)
		In that the jus in bello theory implies that a set of such conditions are necessary for war to be just, there is an implicit condemnation of war at large.
		The second condition of jus in bello is that the combatants discriminate between combatants and noncombatants.
		Both by the code of jus in bello, which demands respect and proper treatment of one's enemies, and in the requirements of moral justifiability, which implies that it is correct to take responsibility for neighbor.
	uumm.org /just_war_theory_and_the_faith_of_unitarian_universalism.htm (4415 words)

	Just War Theory [Internet Encyclopedia of Philosophy]
		For B to invade and annex A and then to continue to invade neutral neighboring nations on the grounds that their territory would provide a useful defense against other threats is even more unsustainable.
		Proportionality for Jus In Bello requires tempering the extent and violence of warfare to minimise destruction and casualties.
		Jus In Bello requires that the agents of war be held responsible for their actions.
	www.utm.edu /research/iep/j/justwar.htm (3893 words)

	Anticipatory Retaliation: More on Fallujahgate and jus in bello
		Jus ad bellum is just war theory that explores when it is moral for to begin or engage in a war.
		Jus in bello explores what is acceptable behavior in a war.
		For instance, jus in bello theorists generally agree that shooting a woman in the back of the head is not moral action.
	anticipatoryretaliation.mu.nu /archives/055535.php (871 words)

	Jus ad Bellum
		The rules of jus ad bellum pertain to the circumstances under which states can acceptably wage war, while the rules of jus in bello serve as guidelines for fighting fairly once war has begun.
		Formulated in international law and recognized by most cultures, the rules of jus ad bellum serve as principles to determine when war and the use of violence are justifiable.
		Right intention is tied to the conditions of jus in bello, (justice in war) and forbids acts of vengeance and indiscriminate violence.
	www.beyondintractability.org /m/jus_ad_bellum.jsp (2561 words)

	[No title]
		But this is not how the rules of jus in bello are traditionally conceived, even in their application to unjust combatants.
		What I will suggest, in section VIII, is that at least some of the rules of jus in bello as traditionally understood do indeed apply to both sides but are only conventions that it is important to observe because of their role in mitigating the savagery of war.
		V Why Jus in Bello Cannot be Independent of Jus Ad Bellum As traditionally understood, the doctrine of jus in bello comprises four requirements: necessity, minimal force, proportionality, and discrimination.
	www.puaf.umd.edu /IPPP/iraq/McMahan-UnjustWar.doc (13321 words)

	Parameters: Jus post bellum: the importance of war crimes t... @ HighBeam Research (Site not responding. Last check: 2007-09-18)
		Some of the jus in bello injunctions enumerated in Deuteronomy 20: 10-20, (7) for example, not to mention the jus ad bellum criteria of taking land and disseminating religion, would no longer be considered acceptable under the modern secular international law of war.
		It is these jus in bello considerations that govern rules of engagement by setting limits on the targets and means of justly waged war.
		Together with jus ad bellum considerations, the jus in bello principles of discrimination of civilians from combatants and proportionality of means are generally presented as an exhaustive listing of the components of Just War.
	www.highbeam.com /library/doc0.asp?DOCID=1G1:91564617&refid=holomed_1 (5358 words)

	Jus ad bellum -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-09-18)
		These terms are used in discussions of (The body of laws governing relations between nations) international law and (The rational investigation of questions about existence and knowledge and ethics) philosophy.
		The august solemnity of Latin confers on the terms jus ad bellum and jus in bello the misleading appearance of being centuries old.
		By this Kolb means that the terms themselves as legal terms, and the subdivision of the doctrine of just war into the branches jus ad bellum and jus in bello, are recent.
	www.absoluteastronomy.com /encyclopedia/j/ju/jus_ad_bellum.htm (222 words)

	War
		These parts are: 1) jus ad bellum, which concerns the justice of resorting to war in the first place; 2) jus in bello, which concerns the justice of conduct within war, after it has begun; and 3) jus post bellum, which concerns the justice of peace agreements and the termination phase of war.
		Responsibility for state adherence to jus in bello norms falls primarily on the shoulders of those military commanders, officers and soldiers who formulate and execute the war policy of a particular state.
		A reprisal is when country A violates jus in bello in war with country B. Country B then retaliates with its own violation of jus in bello, seeking to chasten A into obeying the rules.
	plato.stanford.edu /entries/war (10663 words)

	The Agonist: **Jus ad Bellum and Jus in Bello**
		There was some confusion what exactly jus ad bellum and jus in bello were referring to.
		Jus in bello establishes the norms that govern the use of force in wartime.
		These are important to the conduct of war and the distinction between jus ad bellum and jus in bello will be elaborated upon--especially for the hard left--later.
	www.agonist.org /archives/000612.html (354 words)

	Fed-Soc.org - International Law and Use of Force - May 2000 (Site not responding. Last check: 2007-09-18)
		The point was made that it has a twin companion, jus in bello, which is a set of rules governing the actual use of force, once force has been unleashed.
		Of course, jus in bello norms came to be reflected in various military codes of conduct and manuals.
		I think the tempo of change in jus in bello norms is getting ever more rapid and, more importantly, the consent of sovereign states, which is the way traditionally those norms were brought into existence, no longer seems to be all that important.
	www.fed-soc.org /Publications/Transcripts/useofforce.htm (7865 words)

	Just War Theory - dKosopedia
		Just War theory is a set of moral principles to be used in determining (a) when fighting a war is justified jus ad bello and (b) concerning proper conduct of war jus in bello.
		It is distinct from pacifism, an ethical or moral objection to the use of force, and from the Geneva Convention, a diplomatic agreement that establishes war crimes and their consequences.
		Whether or not the war in question is justified under the jus ad bello guidelines above, forces are expected to abide by the jus in bello standards.
	www.dkosopedia.com /index.php/Just_War_Theory (1088 words)

	The last decade has seen the deployment of great armies against technologically inferior opponents (Site not responding. Last check: 2007-09-18)
		Focusing on the main jus in bello restrictions for the present, we can understand discrimination as promoting the distinction between two classes of people: combatants, who have ceded their absolute right to life by threatening others, and noncombatants, who have not ceded this right.
		This route clearly rejoins jus in bello and jus ad bellum concerns as one justifies what would otherwise be an immoral act by appeal to the good toward which it is oriented.
		The basic demand of jus in bello for discrimination immediately problematizes the stronger side's situation (to be referred to hereon as the agent).
	atlas.usafa.af.mil /jscope/JSCOPE03/Skerker03.html (8348 words)

	Iasiello (Site not responding. Last check: 2007-09-18)
		While the criteria applied to jus in bello are not as numerous as those of jus ad bellum, they are just as vital to the attainment of the ultimate goal of any just war (bellum justum)—the establishment of a just peace.
		From war’s inception (jus ad bellum) and throughout its prosecution (jus in bello), the goal of all should be the establishment of a just and lasting peace.
		The jus in bello criterion of discrimination directs that warriors discriminate combatants from noncombatants, and that they make a conscious effort to minimize the impact of war on these innocents.
	www.nwc.navy.mil /press/Review/2004/SummerAutumn/art3-sa04.htm (7339 words)

	Crimes Of War Project > The Book (Site not responding. Last check: 2007-09-18)
		Jus (or ius) ad bellum is the title given to the branch of law that defines the legitimate reasons a state may engage in war and focuses on certain criteria that render a war just.
		Jus in bello, by contrast, is the set of laws that come into effect once a war has begun.
		There is no agreement on what to call jus in bello in everyday language.
	www.crimesofwar.org /thebook/jus-ad-bellum.html (338 words)

	The Law of War in Space
		[n144] Because there are no treaties establishing specific jus in bello principles for space combat, these customary principles provide the most authoritative source, subject to the specific principles of space law discussed in Chapters Four and Five, on which the analysis of a jus in bello for space must proceed.
		The jus in bello principles presuppose that their application occurs in the midst of armed conflict-that is "in bello"-and that in some cases States will accurately assert a legal right to militarily subdue the other.
		If it did, then not only would such "law" never have achieved the force of law in the first place, [n175] but the jus in bello would prohibit all means and methods of war for the simple reason that any one of them are apt to produce suffering to some extent.
	www.space4peace.org /slaw/lawofwar.htm (16123 words)

	New Page 1 (Site not responding. Last check: 2007-09-18)
		Explain what jus in bello is (according to a standard or general interpretation.
		For example, you may think certain conditions of jus ad bellum or jus in bello can be weakened or dismissed (perhaps due to extenuating circumstances).
		Your job is to give a philosophical analysis of jus in bello and then apply this analysis of jus in bello to an actual situation.
	www.eden.rutgers.edu /~jfd/war.htm (595 words)

	Father Araujo (Site not responding. Last check: 2007-09-18)
		Therefore, their continued deployment cannot be justified under jus in bello since their introduction and abandonment fail to abide by traditional norms regulating the waging of war which adversely affects civilian populations.
		This campaign is consistent with the conclusion of the previous section that the jus in bello justification for anti-personnel mines fails.
		If jus cogens are non-derogable norms which emerge from international law, then the sources of the norm I am advocating most likely have their roots in custom and international agreement-or a synthesis of the two.
	www.across-borders.com /father.htm (5802 words)

	Bloomsbury.com - Research centre
		The 'just war' doctrine, in history and political science, attempts to define moral criteria for the initiation of war (jus ad bellum: Latin, 'justice prior to war') and the conduct of war (jus in bello: Latin, 'justice during war').
		The criteria for jus in bello, concern appropriateness of means to ends, and centre on notions like proportionality and discrimination.
		Even the justification of war to repel an unprovoked act of aggression is problematic because most acts of aggression or intervention are justifiable according to some moral or political claim--for example, an historic national-territorial claim, or the protection of a stranded ethnic minority.
	www.bloomsburymagazine.com /ARC/detail.asp?entryid=102323&bid=2 (379 words)

	Interpreting
		The jus in hello criterion of discriminationprohibits, absolutely, killing or allowing innocents to be killed in war.
		Once a just war begins, i.e., one that satisfies the jus ad bellum criteria, the sets of prohibited actions and of protected individuals are empty-innocents may intentionally be killed.
		The jus in hello criterion of discrimination, plus the DDE and the POPLF, prohibits absolutely, (1) the intentional killing or allowing innocents to be killed in war and (2) the unintentional, though foreseeable, killing or allowing innocents to be killed in war in numbers that are disproportionate to the defended values.
	www.svaphilosopher.com /Interpreting.html (4305 words)

	ECONOMIC SANCTIONS
		Jus ad bellum requires that a belligerent party have valid grounds for engaging in warfare, whereas jus in bello requires that the war be fought in accordance with certain standards of conduct.
		It seems to me that the example of South Africa does not offer a justification of sanctions that extends beyond the particulars of that situation, any more than a boxer who consents to risk being harmed in a fight provides a general justification for other kinds of assault, including assault against nonconsenting individuals.
		The jus in bello principle of discrimination holds that the means used for warfare must not be indiscriminate.
	www.crosscurrents.org /gordon.htm (5327 words)

	Just War
		Thus, one claimed that the bombing "was not a fight by jus in bello, standards.
		Thus, I do not dispense with the jus ad bellum issue because I think the answer to it is undisputable, but because the jus in bello issue seems to me to be the more immediate issue, and the one that most concerned the American public and its leaders (Atkinson 470; Gordon 416; Vaux 33).
		The jus in bello criteria--the principles of proportionality and discrimination-concern the rules of engagement, i.e., how the war is fought (Walzer 21).
	religion.rutgers.edu /courses/347/readings/just_war.html (5737 words)

	MIFTAH.ORG--Ariel Sharon, George W. Bush, "Unilateral Declarations" And International Law
		For this reason the laws governing the resort to the use of armed force (jus in bello) which is sometimes referred to as international humanitarian law applicable in armed conflict, apply to Israel's military occupation of the West Bank and Gaza Strip.
		The jus in bello consists of numerous treaties, the two most important being The Hague Regulations and the Fourth Geneva Convention.
		For the last 37 years Israel has successfully manipulated the jus in bello by effectively annexing the West Bank and Gaza Strip, transferring settlers into strategic locations deep inside the West Bank whilst choosing to comply with the law by not granting Palestinians resident in the territories its citizenship.
	www.miftah.org /PrinterF.cfm?DocId=3605 (1052 words)

	Commonweal: 'Jus in bello'.(Dula vs. 'First Things'; the real Che)(Letter to the Editor)@ HighBeam Research (Site not responding. Last check: 2007-09-18)
		I agree with Peter Dula that it is a peculiarly lopsided version of the just-war tradition that claims that the moral judgment whether to wage war (jus ad bellum) is a more salient judgment--because it is a clearer judgment--than judgments concerning the conduct of war (jus in bello).
		In fact, in bello judgments are no less critical than the ad bellum judgment.
		In my opinion, the minimization of in bello questions--notably concerning the killing of noncombatants--is traceable to an unwarranted secularization of the just-war tradition.
	highbeam.com /library/doc0.asp?docid=1G1:127873450&refid=ink_tptd_mag (224 words)

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