Historical Basis and Legal Development [of International Humanitarian Law]

Document Type

Book Chapter

Publication Date

2021

Publication Information

in The Handbook of International Humanitarian Law 10 (Dieter Fleck ed., 2021).

Abstract

Although the subject of this Handbook is the law applicable to the conduct of hostilities that applies once a party has entered into armed conflict (the jus in bello), that law cannot be properly understood without some examination of the separate body of rules which determines when resort to armed force is permissible (the jus ad bellum). The jus ad bellum has ancient origins but current law is founded on Article 2(4) and Chapter VII of the UN Charter.

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