Jus in bello in the context of "Jus ad bellum"

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⭐ Core Definition: Jus in bello

The law of war is the part of international law that regulates the conditions for initiating war (jus ad bellum) and the conduct of hostilities (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, the modern laws of war address the declarations of war; acceptance of surrender and the treatment of prisoners of war; the principles of distinction, as well as military necessity and proportionality; and the prohibition of certain weapons that cause unnecessary or excessive suffering.

The law of war is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. The term law of war, or jus in bello, overlaps to some degree with opinio juris (also referred to as customary law), but refers to a very specific body of international law composed of customary and treaty-based law.

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👉 Jus in bello in the context of Jus ad bellum

Jus ad bellum (/js/ YOOS or /ʌs/), literally "right to war" in Latin, refers to "the conditions under which States may resort to war or to the use of armed force in general". Jus ad bellum is one pillar of just war theory. Just war theory states that war should only be condoned under 'just' conditions. Jus ad bellum simply limits the causes for which war can be considered justifiable. The other parts of just war theory include jus in bello (just actions in war) and jus post bellum (justice after war).

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