The distinction and relationship between jus ad bellum and jus in bello / Keiichiro Okimoto.
2011
KZ6368 .O395 2011 (Map It)
On loan from Cellar, due 16. May 2025
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Details
Author
Title
The distinction and relationship between jus ad bellum and jus in bello / Keiichiro Okimoto.
Published
Oxford ; Portland, Or. : Hart, 2011.
Call Number
KZ6368 .O395 2011
ISBN
9781849460552 (hbk.)
1849460558 (hbk.)
1849460558 (hbk.)
Description
xl, 389 pages ; 24 cm.
System Control No.
(OCoLC)743255731
Summary
"Explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law)"-- Book jacket.
Note
"Explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law)"--Jacket.
Bibliography, etc. Note
Includes bibliographical references (pages 301-329) and index.
Record Appears in
Table of Contents
Preface
v
List of Abbreviations
xi
Table of Cases
xv
Table of Treaties and Other Instruments
xix
1.
Introduction
1
2.
Background and Principles Governing the Relationship between Jus ad Bellum and Jus in Bello
6
I.
Introduction to jus ad bellum and jus in bello
7
A.
What are jus ad bellum and jus in bello?
7
B.
General distinction between jus ad bellum and jus in bello
9
II.
Three principles governing the relationship between jus ad bellum and jus in bello
12
A.
Can the application of jus in bello be affected by jus ad bellum?
12
B.
Principle of the separation between jus ad bellum and jus in bello
14
C.
Principle of the equal application of jus in bello to the conflicting parties
25
D.
Principle of the concurrent application of jus ad bellum and jus in bello
31
E.
Relationship among the three principles
35
III.
Three principles in contexts other than the use of force in self-defence
36
A.
Threshold of application of jus ad bellum and jus in bello
37
B.
Use of force under Chapter VII of the UN Charter
38
C.
Non-international armed conflict
40
D.
Armed conflict of a mixed character
42
IV.
Conclusions
42
3.
Distinction and Relationship between the Law of Self-defence and IHL
44
I.
`Armed attack' and `armed conflict'
44
A.
Distinction and relationship between `armed attack' and `armed conflict'
44
B.
Simultaneous existence of an armed attack and an international armed conflict and the equal application of IHL
51
II.
Role of the principle of proportionality and IHL in the conduct of self-defence
58
A.
Distinction and relationship between the principle of proportionality in the law of self-defence and IHL
59
B.
Jus ad bellum and jus in bello constraints on the conduct of self-defence
80
III.
Principle of necessity in jus ad bellum and jus in bello
91
A.
Principle of necessity in the law of self-defence
91
B.
Military necessity in IHL and the differences with the principle of necessity in the law of self-defence
93
IV.
Reprisals in jus ad bellum and jus in bello
99
A.
Reprisals in jus ad bellum
100
B.
Reprisals in IHL and the complementary nature of the prohibitions on the two kinds of reprisals
102
V.
Conclusions
112
4.
Distinction and Relationship between Chapter VII Measures and IHL
115
I.
Different nature of Chapter VII use of force compared to self-defence
115
II.
Chapter VII of the UN Charter and IHL
118
A.
Legal basis for the Security Council to deal with issues related to IHL
118
B.
Can Chapter VII decisions prevail over IHL pursuant to Article 103 of the UN Charter?
123
C.
Distinction and relationship between `threat to the peace'/'breach of the peace'/'act of aggression' and `armed conflict'
129
D.
Role of Security Council resolutions in the beginning and the end of the application of IHL
137
III.
Security Council resolutions and IHL
149
A.
Overview of the Security Council resolutions relating to IHL
149
B.
Specific issues arising from Security Council resolutions related to IHL
161
IV.
Military enforcement measures under Chapter VII of the UN Charter and IHL
164
A.
Two types of UN forces authorised under Chapter VII
164
B.
Jus ad bellum constraints on the use of force by UN forces
169
C.
Jus in bello constraints on the use of force by UN forces
184
Applicability of IHL to state-led UN forces
185
Applicability of IHL to UN-commanded forces
188
D.
Specific issues pertaining to the relationship between Chapter VII use of force and IHL
194
Means and methods of warfare
194
Protection of civilians
198
Protection and facilitation of relief personnel and consignments
208
Detention
213
Occupation
225
V.
Non-military enforcement measures under Chapter VII and IHL
239
A.
Arms embargoes and IHL
242
B.
Economic sanctions/restrictions on certain means of transportation and IHL
246
VI.
Conclusions
254
5.
Particular Problems in Non-international Armed Conflict
257
I.
Equal application of jus in bello in non-international armed conflict
258
A.
Applicability of IHL to armed groups
259
B.
Judicial guarantees obligations
260
II.
Intervention by foreign armed forces or armed groups and mixed armed conflict
267
A.
Intervention by foreign armed forces or armed groups
267
B.
Mixed armed conflict
288
III.
Conclusions
295
6.
Conclusions
296
Bibliography
301
I.
Primary materials
301
II.
Secondary materials
310
Annex 1
United Nations Security Council Resolutions Relevant to IHL
331
Annex 2
United Nations Security Council Resolutions Reflecting Customary Rules of IHL
359
Index
379