The Jus Ad Bellum/Jus In Bello Distinction and the Law of Occupation

@article{Giladi2008TheJA,
  title={The Jus Ad Bellum/Jus In Bello Distinction and the Law of Occupation},
  author={Rotem Giladi},
  journal={Israel Law Review},
  year={2008},
  volume={41},
  pages={246 - 301}
}
  • Rotem Giladi
  • Published 2008
  • Political Science
  • Israel Law Review
This is a preliminary inquiry into the application to occupation law of the distinction between jus in bello (or IHL) and jus ad bellum. Under current doctrine, the two are mutually exclusive: the former applies irrespective of the “nature or origin of the armed conflict or the causes espoused by the Parties.” I argue that occupation law, although generally considered part of IHL, is intrinsically less susceptible to a strict application of the distinction. Exploring its pedigree, meaning, and… Expand
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