ABSTRACT

This chapter addresses the independence of jus in bello from jus ad bellum in more pragmatic and contemporary light. Definitions of civil war revolve around its two central features: first, it is a civil war, fought within the boundaries of a single state, unlike international forms of armed conflict; second, it is a civil war, distinguished by its level of violence from lesser forms of domestic strife. While the causes of civil war are multifarious and difficult to gauge, their typical consequences are easy enough to observe: civil wars typically last longer than international wars, and are more devastating, particularly to the civilian population. Civil wars are mostly asymmetrical, fought unconventionally, and lack a traditional battlefield. Provisions are also set out for humanitarian aid offered by impartial international organizations such as the Red Cross. The law applicable to non-international armed conflict presents an interesting alternative to the traditional separation between jus in bello and jus ad bellum.