THE DISTINCTION AND RELATIONSHIP BETWEEN JUS AD BELLUM AND JUS IN BELLO2025|PDF|Epub|mobi|kindle电子书版本百度云盘下载

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1. Introduction1

2. Background and Principles Governing the Relationship between Jus ad Bellum and Jus in Bello6

Ⅰ. Introduction to jus ad bellum and jus in bello7

A. What are jus ad bellum and jus in bello?7

B. General distinction between jus ad bellum and jus in bello9

Ⅱ. Three principles governing the relationship between jus ad bellum and jus in bello12

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 bello14

C. Principle of the equal application of jus in bello to the conflicting parties25

D. Principle of the concurrent application of jus ad bellum and jus in bello31

E. Relationship among the three principles35

Ⅲ. Three principles in contexts other than the use of force in self-defence36

A. Threshold of application of jus ad bellum and jus in bello37

B. Use of force under Chapter Ⅶ of the UN Charter38

C. Non-international armed conflict40

D. Armed conflict of a mixed character42

Ⅳ. Conclusions42

3. Distinction and Relationship between the Law of Self-defence and IHL44

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 IHL51

Ⅱ. Role of the principle of proportionality and IHL in the conduct of self-defence58

A. Distinction and relationship between the principle of proportionality in the law of self-defence and IHL59

B. Jus ad bellum and jus in bello constraints on the conduct of self-defence80

Ⅲ. Principle of necessity in jus ad bellum and jus in bello91

A. Principle of necessity in the law of self-defence91

B. Military necessity in IHL and the differences with the principle of necessity in the law of self-defence93

Ⅳ. Reprisals in jus ad bellum and jus in bello99

A. Reprisals in jus ad bellum100

B. Reprisals in IHL and the complementary nature of the prohibitions on the two kinds of reprisals102

Ⅴ. Conclusions112

4. Distinction and Relationship between Chapter Ⅶ Measures and IHL115

Ⅰ. Different nature of Chapter Ⅶ use of force compared to self-defence115

Ⅱ.Chapter Ⅶ of the UN Charter and IHL118

A. Legal basis for the Security Council to deal with issues related to IHL118

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 IHL137

Ⅲ. Security Council resolutions and IHL149

A. Overview of the Security Council resolutions relating to IHL149

B. Specific issues arising from Security Council resolutions related to IHL161

Ⅳ. Military enforcement measures under Chapter Ⅶ of the UN Charter and IHL164

A. Two types of UN forces authorised under Chapter Ⅶ164

B. Jus ad bellum constraints on the use of force by UN forces169

C. Jus in bello constraints on the use of force by UN forces184

Applicability of IHL to state-led UN forces185

Applicability of IHL to UN-commanded forces188

D. Specific issues pertaining to the relationship between Chapter Ⅶ use of force and IHL194

Means and methods of warfare194

Protection of civilians198

Protection and facilitation of relief personnel and consignments208

Detention213

Occupation225

Ⅴ. Non-military enforcement measures under Chapter Ⅶ and IHL239

A. Arms embargoes and IHL242

B. Economic sanctions/ restrictions on certain means of transportation and IHL246

Ⅵ. Conclusions254

5. Particular Problems in Non-international Armed Conflict257

Ⅰ. Equal application of jus in bello in non-international armed conflict258

A. Applicability of IHL to armed groups259

B. Judicial guarantees obligations260

Ⅱ. Intervention by foreign armed forces or armed groups and mixed armed conflict267

A. Intervention by foreign armed forces or armed groups267

B. Mixed armed conflict288

Ⅲ. Conclusions295

6. Conclusions296

Bibliography301

Ⅰ. Primary materials301

Ⅱ. Secondary materials310

Annex 1: United Nations Security Council Resolutions Relevant to IHL331

Annex 2: United Nations Security Council Resolutions Reflecting Customary Rules of IHL359

Index379