A Comparative Analysis Of Jus ad bellum and Jus in Bello In The Context Of International Humanitarian Law

Abstract-

The Law of Armed Force has been customarily theorised in a semblance of prevalent theories of Jus ad bellum and Jus in bello. Such separate dualist concept of outfitted power and principle of armed force discovers its underlying foundations through the means of legitimate traditions of the happenings of the Interwar period. Besides that, a one on one differentiation regarding the same has been thoroughly highlighted by the means of “Theory of Warfare” The discrepancy between the concepts of Jus ad bellum and Jus in bello has had a prolonged historic convention in connection with the “Theory of Warfare”. Although in scholarly writing, the moralities of the said theories are regularly examined together. Upon retrospection they are as a rule arranged under philosophical, strict or moral belief systems by means of Just War Theory or Just War Doctrine otherwise alluded as Jus bellum lustum. Incidentally they are combined with a third principle specifically Jus Post bellum which incorporates post conflict legal standards. However, the same earned its rightful status in the radical law right in the course of the League of Nations.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

Customary Approaches to the Law of Armed Conflict

Abstract-

Since the inception of mankind the term of conflict was always prevalent, be it fight for food, or any other survival instinct, but one thing that has always been there is the fact that in some or the other way there have been laws governing that conflict. Even in medieval period, when the idea of consuming territories was on high, there were laws of war governing the conflict and it was expected that both the parties willfully accepts them. In this article we will be trying to understand the concept and ideas of protection of human rights and how they can be included and be made a part of contemporary Humanitarian Law. There have been ideas which have come straight from the cultural buildups of tribe and their aspiration of a society build on equality and respect for other community . The viewpoint that while trying to understand the role of the state actors we cannot forget to include non-state actors in developing laws for society reflect that all the states that have been peaceful or aspire to be peaceful knows that the only way to achieve this is by inclusion practices and ideologies. Since this article emphasis on the practices followed by various African communities, therefore we will try and compare the idea and their application in today’s world. A study conducted by the Geneva cell recently showed that it is very necessary that inclusion must be made for better development of International Humanitarian Law.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.