History and development of the international law of military operations
William K. Lietzau and Joseph A. Rutigliano
The handbook of the international law of military operations
Oxford : Oxford University Press, 2015
This chapter traces the historical development of operational law which the international law of military operations is part of. It begins by discussing the development of jus ad bellum—the law that applies to when and under what circumstances the military instrument may be used, and jus in bello the most significant legal regime impacting the international law of military operations. It then turns to the history of the use of military legal advisors, highlighting the challenges legal advisors have faced over time in providing legal advice for present and future operations based on rules formulated for a past conflict. The chapter concludes by considering some of the future challenges faced by military legal advisers.