Publications

In recent years, international law’s supposed “neutrality” toward rebellion has been challenged by authors who have argued for an ad bellum ban on the first resort to hostilities or, conversely, for an exceptional and conditional right of organized armed resistance for non-state actors only. This chapter revisits the proposed “internal jus ad bellum” models. The first section examines whether an additional ad bellum layer is needed in order to ...

Cooperation between military powers during wars is not a new phenomenon. However, due to the increased globalization and the newly available technologies, supportive acts take more complex forms and concern a wider variety of actors - both States and non-State actors. This study scrutinizes the position of supportive acts under international law. The central research question is formulated as follows: what are the possible consequences under jus ...

This contribution addresses the application of international humanitarian law (IHL) and human rights law (IHRL) in peace operations and the relevance of this issue to the ius post bellum. In order to do so, it is necessary to first inquire briefly into what the ius post bellum is or may be. The concept has received increased attention in legal scholarship in recent years and much can be said and has been written about it. It is not the aim of ...

The 24 February 2022 Russian invasion of – or ‘special military operation’ in – Ukraine has sent shock waves across the globe. In this editorial the Editors-in-Chief of JUFIL examine in detail the legal justifications advanced by President Putin for Russia’s use of military force and subject them to scrutiny. Doing so highlights just how devoid of substance and credibility they are within the context of the jus ad bellum as it exists today. ...

© The several contributors 2010. All rights reserved. This chapter focuses on the ius post bellum, the body of law aimed at restoring, managing, and maintaining peace. Gentili was the first to elevate the ius post bellum to a central role in the jurisprudence of war, making it the subject of the entire third book of the De iure belli libri tres. The chapter traces the origins of Gentili's notion of war as a contention with arms between equal ...

This chapter studies the idea that Americans and Europeans hold different views on global security. Generally, it is considered that the EU side demonstrates a stronger adherence to positivism in international law, while the US adopts policy-oriented methodologies. This translates into different views of the actual content of the UN Charter rules on the use of force, for example of the permissibility of self-defense against attacks by non-State ...