Narratives on Just War in International Law
Abstract
When it comes to the question of the legal significance of the so called bellum iustum doctrine, i.e. the idea of a just war, international lawyers start to feel uneasy. A large part of contemporary legal scholarship maintains the opinion that this doctrine was never part of international law. However, the subject remains controversial. The work in hand casts a new light on the longstanding bellum iustum − bellum legale controversy while taking into account the more recent narrative turn in international law with particular consideration of its implications on international legal theory. It is shown that any categorical denial of the just war doctrine in international law is flawed from the outset, since law is value-related.
Schlagworte
conflict studies bellum iustum international law bellum legale international law schools gerechtfertigter Krieg just war internationale Rechtsschulen justified war internationales Recht law school theory Just War Konfliktforschung narrative turn Kriegsrecht public international law theory of law narrative Wende Rechtsschulentheorie value reference Theorie des Rechts Völkerrecht Wertbezug- 11–28 I. Introduction 11–28
- 87–94 X. Conclusion 87–94
- 95–114 Bibliography 95–114
- 115–115 Index 115–115
12 Treffer gefunden
- „... distinguishing between just andunjust causes for war113 as well as rebuking unjust conduct in war,“prohibited by ...” „... Dualism of Just and Legal WarApart from these implications for natural law, and with regard to the ...” „... passage:“In recently revived debates over the idea and conception of the just war,a perception of Grotius is ...”
- „... became thestarting-point for a movement once more to distinguish between just andunjust wars.”171 ...” „... newly created collective security system,there was no room left for the concept of a just war.173However ...” „... the Concept of Just War in International Law, 33American Journal of International Law, 687 (1939).172 ...”
- „... Doctrine of Just War,rather it was intended to overcome this doctrine.“D. Outline27 ...” „... tradition, let alone uttering the emotive term “just war.”1 As Josef L.Kunz put it in 1951:“That this ...” „... between different wars. The basis ofdistinction was not, as in the classic doctrine, between just and ...”
- „... of the just war concept. OlivierCorten points to “‘European formalism,’ given the emphasis placed ...” „... the history of international lawreveals that the just war doctrine has been alive within the ...” „... standpoint in legaltheory,378 there is certainly no “correct” narrative when it comes to anadapted just war ...”
- „... . 29The Legal Significance of Early Modern Natural LawA. 30The Dualism of Just and Legal WarB. 31The ...” „... ISBN 978-3-7560-0706-6Dolezik • Narratives on Just War in International Law2Narratives on Just War ...” „... DolezikNarratives on Just War in International LawNomos1. Auflage 2023© Nomos Verlagsgesellschaft, Baden-Baden 2023 ...”
- „... to Present, New York 2021,pp. 3–28.Brown, Chris, Justified: Just War and the Ethics of Violence and ...” „... .Claude, Jr., Inis L., Just Wars: Doctrines and Institutions, Political Science Quarterly 95(1980), pp ...” „... . 83–96.Conforti, Benedetto, The Doctrine of “Just War” and Contemporary International Law,in: MacDonald ...”
- „... just war, which basically is another way of de‐scribing the equation of bellum iustum and bellum legale ...” „... respective states.240 The “Who fires the first shot” principle is viewedin light of an adapted just war ...” „... concept. “Just war” means individual orcollective self-defense against an aggressor who has violated ...”
- „... The Doctrinal Origins of Ius in Bello: From Rights of War to the Laws of War,in UNIVERSALITY AND ...” „... political organization was no longer rooted in the idea ofa just order, i.e. the idea of a just peace ...” „... terms: This signified the rise of positivism:“Just shut up and obey.”335Within the framework of this ...”
- „... V. The ius contra bellum NarrativeAnother main objection regarding contemporary just war concepts ...” „... does not monopolize it at centralorgans.C. The Narrative of the Outlawry of WarTo end this section with ...” „... self-evident.First of all, one can refer to large-scale fighting in the case of civil wars,which are within the ...”
- „... the UN Security Council and does not put forward an adapt‐ed just war concept in the form of criteria ...” „... sphere since the end of World War II is of particularrelevance.339 The military protection of human ...” „... rights was explicitly referredto as a war aim in the Atlantic Charter.340 At the San Francisco ...”
- „... just war concepts can be addressed: from “value-neutral” coexistence to “value-oriented” (Friedmannian ...” „... area of law enforcement. Hence, it is hardly surpris‐ing that adapted just war concepts are gaining ...”
- „... of contempo‐rary just war concepts in international law concerns the practice of the UNSecurity ...” „... found expression in an UNSecurity Council Presidential Statement in 1992:“The absence of war and ...” „... − similar to the narratives of “outlawry of war” and ius contraVÖLKERRECHTLICHE DEMOKRATIEGEBOT: EINE ...”