ILawlecture13（双课国际法课件13）.pptVIP

Lecture 13 International law and Use of Force Outline The Christian Roman Empire the Rise of the Just War Tradition Pacifism and status quo of The use of force Peace regime of international society Jus ad bellum Jus ad bellum (Latin for Justice to War; Just War) are a set of criteria that are consulted before engaging in war, in order to determine whether entering into war is justifiable. Jus ad bellum Main law sources The Kellogg-Briand Pact outlawing war as an instrument of national policy, The London Charter (known also as the Nuremberg Charter) defining crimes against peace as one of three major categories of international crime to be prosecuted after World War II, The United Nations Charter, which binds nations to seek resolution of disputes by peaceful means and requires authorization by the United Nations before a nation may initiate any use of force against another, beyond repulsing an immediate armed attack against its sovereign territory. Jus ad bellum Just cause The reason for going to war needs to be just and can therefore be recapturing things taken or punishing people who have done wrong. A contemporary view of just cause was expressed in 1993 when the US Catholic Conference said: Force may be used only to correct a grave, public evil, i.e., aggression or massive violation of the basic human rights of whole populations. Jus ad bellum Comparative justice While there may be rights and wrongs on all sides of a conflict, to override the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other. Some theorists such as Brian Orend omit this term, seeing it as fertile ground for exploitation by bellicose regimes. Jus ad bellum Legitimate authority Only duly constituted public authorities may wage war. Today it is frequently felt that the United Nations must sanction a war before it is just. Jus ad bellum Right intention Force may be used only in a truly just cau