New frontiers in the laws of war : the UN Charter, human rights law, and contingent pacifism
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Journal of transnational law and policy, Vol. 23, 2013-2014, p. 37-67
This paper argues that new developments in both the jus ad bellum law of the use of force, and the jus in bello law of armed conflict, have moved international law quite close to the position of contingent pacifism. The UN Charter was meant to eliminate recourse of war as we had known it. And this continues to be the way the Charter is viewed today as a source of jus ad bellum law. In addition, there is a movement that sees that war cannot be conducted jus in bello, as we have, and still have respect for human rights. International humanitarian law has in the past largely followed the Just War tradition in regarding some wars as just even though war involves the intentional killing of humans. But that is changing with the human rights revolution that is sweeping across international law.