Article

The cumulative requirements of jus ad bellum and jus in bello in the context of self-defense

Keiichiro Okimoto

• Chinese Journal of International Law, Vol. 11, no. 1, March 2012, p. 45-75

English

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It is sometimes suggested that even if certain measures in self-defense violate jus in bello (international humanitarian law), such measures can be continued by justifying them on the basis of jus ad bellum (international law regulating the resort to force), in particular by justifying that the measures were necessary and proportionate in relation to the initial armed attack. However, State practice, decisions of international courts and arbitration, and opinions of experts indicate the contrary, that if the measures in self-defense violate jus in bello, those violations cannot be ignored or nullified by justifying the measures as necessary and proportionate self-defense. Once the measures in self-defense violate jus in bello, they must be ceased immediately.