ABSTRACT

International law has long contained rules designed to regulate the conduct of war and armed conflict. This is hardly surprising because, for the earliest writers on the law of nations, the circumstances in which force might be used by a ruler was a matter of central concern. A distinction has traditionally been drawn between those rules that regulate when and in what circumstances force may be employed (jus ad bellum)2 and those rules that pertain when armed conflict has broken out (jus in bello). In this chapter, we are concerned with the latter situation, namely the jus in bello.