Distinction between jus ad bellum and jus in bello

Notion(s) Filing Case
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,[1] 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. […]

[1] Boškoski and Tarčulovski Appeal Judgement, para. 31. See also Kordić and Čerkez Appeal Judgement, para. 812.

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