ABSTRACT

Having dealt with the situation of normality, with the international law governing the peaceful relations between states, the book now turns to the situation of abnormality, to the rules governing the use of force and armed conflict.1 The term ‘laws of war’ can have different meanings and refers to both the rules governing the resort to armed conflict (ius ad bellum) and the rules governing the actual conduct of armed conflict (ius in bello). It is reasonable to treat both areas separately, because of the recognized prin­ ciple that ius in bello is applicable in cases of armed conflict whether the conflict is lawful or unlawful under ius ad bellum}

The present chapter deals with the ius ad bellum and the rules governing the use of force in international wars, civil wars and in the exercise of the right of self-determination. The ius in bello , for which increasingly the term ‘international humanitarian law applicable in armed conflicts’ is being used, and individual criminal responsibility for violations of the laws of war will be dealt with separately in Chapter 20. Finally, the role of the United Nations in the maintenance of international peace and security and in dealing with armed conflicts will be taken up in Chapter 22, after describing the Charter and the organs of the United Nations in Chapter 21.