International Conflict and Security Law: Essays in Memory of by Richard Burchill, Nigel D. White, Justin Morris

By Richard Burchill, Nigel D. White, Justin Morris

Hilaire McCoubrey wrote largely within the zone of armed clash legislation, and at the problems with collective protection legislations and the legislation on the subject of palms regulate. even though he died on the early age of forty six in 2000 he had contributed considerably to the separate learn of those parts, but additionally to the assumption of learning the problems as a complete topic. the gathering covers tricky and arguable concerns within the sector of clash and safety legislations. The individuals, drawn either from academe and perform, offer professional research of many points of the legislation governing armed clash and collective safety. in addition to offering a becoming tribute to the most elements of Hilaire's contribution to wisdom, the quantity offers a coherent reconsideration and improvement of key elements of clash and safeguard legislation at a time whilst that legislations is being utilized, breached, debated or reformed on virtually a regular foundation.

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Additional info for International Conflict and Security Law: Essays in Memory of Hilaire McCoubrey

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In both its essential aims and its attendant problems the basic doctrines of the modern jus ad bellum may perhaps be considered to represent a revised and strict form of a well established view of armed conflict as an evil occasionally ‘necessary’ for the aversion of some yet greater peril. 29 An unqualified right to peace raises serious and extralegal questions as to whether warfare is the worst conceivable evil in international society or whether some consequences of non-resistance might exceed it, the spectre of the Third Reich and other atrocious regimes being obviously an important element in such vexed debates.

The ‘Geneva’ division of the jus in bello, termed ‘international humanitarian law’ seems perhaps most closely related to ideas of human rights. However, in so far as the broad endeavour of both the jus ad bellum and the whole jus in bello is to mitigate, where it cannot be avoided, the impact and extent of hostilities, the general laws of armed conflict may be thought to serve a cause analogous to ‘human rights’ in peculiarly extreme circumstances. Against this there must be set the contention of those who, like Geza Herczeg,40 argue that armed conflict is itself a violation of human rights and that a discourse of ‘human rights’ in such a context is a contradiction in terms.

Ideas of bellum justum or just war have acquired an evil reputation summarized by Jean Pictet in his description of: the well known and malignant doctrine of the ‘just war’ . . [which] did nothing less than provide believers with a justification for war and all its infamy . . [E]very effort has been made on every occasion to justify aggression . . [and] to justify the cruelties which abounded in [a] . . 27 This was undoubtedly the effect of abuse of the doctrine in its various forms, but in its origin it was an attempt to limit resort to armed force to justified causes.

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