TERMIUM Plus®

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JUS BELLI [1 record]

Record 1 2024-03-27

English

Subject field(s)
  • War and Peace (International Law)
  • Military Law
CONT

... of precluding the wrongfulness of State conduct not in conformity with one of the rules of the law of war which impose limitations on the belligerents regarding the means and methods of conducting hostilities between them, the general purpose being to attenuate the rigours of war ...

CONT

Necessity and proportionality have always been core principles of both branches of the jus belli principles that apply to both the authority to employ military force and the regulation of actual employment. However, in the jus ad bellum context, they have never before been viewed as principles to regulate operational and tactical execution. Instead, in that context they frame the legality of national or multinational resort to military force in self-defense. Once the decision is made to employ force pursuant to this authority, the jus in bello variant of these principles (necessity of the mission and proportionality of collateral damage) operate to regulate the application of combat power during mission execution (in other words, they provide the foundation for the regulation of the application of combat power in the context of the self-defense-justified mission).

French

Domaine(s)
  • Guerre et paix (Droit international)
  • Droit militaire

Spanish

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