ABSTRACT

In Chapter 5, I outlined the view that the rules of jus in bello are logically independent of the rules of jus ad bellum. This view, which I called the orthodox view of just war theory, has been the dominant view of how we should understand the relationship between jus ad bellum and jus in bello since Hugo Grotius’s work in the early seventeenth century. As we saw, one of the central motivations for divorcing these two stages of war is the belief that it would be unfair to hold that combatants act wrongly simply in virtue of their leaders’ wrongful decision to wage an unjust war.