When is it Right to Fight? International Law and Jus ad Bellum

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Title When is it Right to Fight? International Law and Jus ad Bellum
Author Bellamy, Alex J.
Journal Name Journal of Military Ethics
Year Published 2009
Place of publication Norway
Publisher Taylor & Francis A S
Abstract James Turner Johnson has played a pivotal role in bringing just war thinking to the fore in international relations. This has brought with it increased interest in the relationship between the just war tradition and the laws of war. Whilst Johnson maintains that the legal rules relating to the conduct of war correspond with the requirements of jus in bello, he is more critical of the legal regime relating to recourse to force and has occasionally argued in favour of the superiority of just war thinking to international law in this area. This article discusses Johnson's thinking on the relationship between ethics and law on recourse to force. It begins by outlining Johnson's approach before suggesting that it is overly critical of the post-1945 order. The paper concludes by calling for reconciliation between law and ethics.
Peer Reviewed Yes
Published Yes
Alternative URI http://dx.doi.org/10.1080/15027570903230299
Volume 8
Issue Number 3
Page from 231
Page to 245
ISSN 1502-7589
Date Accessioned 2011-05-09
Date Available 2011-08-31T07:18:15Z
Language en_AU
Research Centre Centre for Governance and Public Policy; Griffith Asia Institute
Faculty Griffith Business School
Subject International Relations
URI http://hdl.handle.net/10072/40523
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1x

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