Distinction between jus ad bellum and jus in bello
|Appeal Judgement - 23.01.2014||
ŠAINOVIĆ et al.
1662. […] Whether the resort to the use of force is legitimate under international law is a question of jus ad bellum, which is distinct from whether the way in which that force was used was legal under international humanitarian law, i.e. jus in bello. The rules of international humanitarian law do not require a military commander to refrain from defending his country but demand that he ensure that his conduct and that of his subordinates comply with established humanitarian principles. […]
 Boškoski and Tarčulovski Appeal Judgement, para. 31. See also Kordić and Čerkez Appeal Judgement, para. 812.