Jus post bellum and proportionality / Michael A. Newton
Document type:
Chapter
Title:
Jus post bellum and proportionality
Author zone:
Michael A. Newton
In:
Just peace after conflict : jus post bellum and the justice of peace
Editor:
Oxford : Oxford University Press, 2020
Physical description:
p. 79- 96
Languages:
English
Abstract:
The chapter analyses proportionality aspects of jus ad bellum and jus in bello and their connection to jus post bellum. It argues that proportionality functions are interconnected, although they operate as independent normative frameworks. Nevertheless, each operates beneath the larger shadow cast by jus post bellum considerations. The contribution engages with misapplication of Cicero’s precept of the nexus of war and peace. While jus ad bellum concepts provide a vital safeguard against reckless usages of armed force, jus in bello proportionality delineates the outer boundaries of the commander’s appropriate discretion during hostilities. The author shows that jus post bellum provides an important bridging function that arises from the deep synergies shared by the proportionality principle embodies across respective usages.
Links:
Authors:
Keyword in English:
Keyword in French:
Go to:
| Call number | Availability / Due date |
|---|---|
| 345/793 | See main document |
| WEB | Not for loan |