THE DISTINCTION AND RELATIONSHIP BETWEEN JUS AD BELLUM AND JUS IN BELLOPDF电子书下载

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