Proportionality under Jus ad Bellum and Jus in Bello: Clarifying their Relationship

2012 ◽  
Vol 45 (1) ◽  
pp. 107-124 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Case Law ◽  
Military Operations ◽  
Military Operation ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Literature ◽  
State Practice ◽  
The Individual ◽  
The Military ◽  
The Relationship

Proportionality is a condition provided under both jus ad bellum and jus in bello. Based on a particular interpretation of state practice and international case law, recent legal literature argues that the two notions of proportionality are interrelated in that proportionality under jus in bello is included in the assessment of proportionality under jus ad bellum. This article seeks to refute such a position and, more generally, to clarify the relationship between the two notions of proportionality.The main argument of the article is in line with the traditional position regarding the relationship between jus ad bellum and jus in bello. It is argued that, although sharing common features and being somewhat interconnected, the notions of proportionality provided under these two separate branches of international law remain independent of each other, mainly because of what is referred to in this article as the ‘general versus particular’ dichotomy, which characterises their relations. Proportionality under jus ad bellum is to be measured against the military operation as a whole, whereas proportionality under jus in bello is to be assessed against individual military attacks launched in the framework of this operation.This article nonetheless emphasises the risk of overlap between the assessments of the two notions of proportionality when the use of force involves only one or a few military operations. Indeed, in such situations, the ‘general versus particular’ dichotomy, which normally enables one to make a distinct assessment between the two notions of proportionality, is no longer applicable since it becomes impossible to distinguish between the military operation as a whole and the individual military attacks undertaken during this operation.

scholarly journals Warfare Ecology Approaches in Issues of Military Operations

Hadmérnök ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 93-101
Author(s):  
György Leskó
Keyword(s):  
Environmental Protection ◽  
Human Ecology ◽  
Armed Forces ◽  
Military Operations ◽  
Military Operation ◽  
The Individual ◽  
The Military ◽  
The Relationship ◽  
National Defence

The fulfilment of environmental protection requirements and social expectations has become a requirement in the field of military operations as well. Impacts that threaten the ecosystems increasingly occur during the activities of the armed forces and military operations. A recently created new field of science, the ecology of warfare, investigates the military, the support systems for the armed forces and national defence, and their relation to the environment as living systems above the level of the individual (like human ecology). Ecology of warfare examines habitats, the relationship between organisms and the environment in the military field. The capability-based, mission-based, coordinated (target, place and time) ability to use military forces has an impact on the ecology. The analysis of the place and role of military operations from the perspective of the ecology of warfare is an important, timely issue. In the study, the author analyses the tasks required for planning, organising and conducting a military operation and their relationship to environmental protection.

Związek publicznej obecności Kościoła w Polsce z preferencjami wyborczymi elektoratu w 2011 roku

1970 ◽  
Vol 23 (301) ◽  
pp. 72-92
Author(s):  
Karolina Dłuska
Keyword(s):  
Public Space ◽  
Catholic Church ◽  
Public Television ◽  
The Public ◽  
The Subject ◽  
The Individual ◽  
The Military ◽  
Religious Nature ◽  
The Relationship ◽  
The Catholic Church

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.

Military Targeting in the Context of Self-Defence Actions

2015 ◽  
Vol 84 (1) ◽  
pp. 3-28 ◽  
Author(s):  
James A. Green ◽  
Christopher P.M. Waters
Keyword(s):  
Target Selection ◽  
Jus In Bello ◽  
Customary International Law ◽  
Jus Ad Bellum ◽  
Conceptual Clarity ◽  
Starting Point ◽  
Definition Of ◽  
The Relationship ◽  
Self Defence ◽  
Selection Of

For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.

Requirements for the environmental protection officer of the Ukrainian armed forces in view of NATO guidance documents

2021 ◽  
Vol 6 (2) ◽  
pp. 78-83
Author(s):  
Serhiy Orel ◽  
◽  
Vadim Durach ◽  
Bohdan Sjoma ◽  
◽  
...  
Keyword(s):  
Environmental Protection ◽  
Environmental Issues ◽  
Armed Forces ◽  
Daily Activities ◽  
Security Measures ◽  
Military Operations ◽  
Military Operation ◽  
Guidance Documents ◽  
The Military ◽  
The Impact

Military impact on the environment can be defined as two components: 1) impact on the environment in time of daily activities during the training of troops and 2) impact on the environment during the combat operation. In the Armed Forces of Ukraine, to some extent, environmental security measures are implemented only during daily operations in peacetime. As for taking into account the impact of fighting on the environment in time of planning combat operations, this issue is usually not even raised in their preparation. On the other hand, NATO member states understand that military operations can be inherently destructive to human health and the environment. Therefore, this study was conducted to determine the educational requirements for commanders, especially for officers who provide environmental protection in the Armed Forces of Ukraine, based on NATO regulations and the experience of Allies. The article considers how environmental issues are integrated into the military operation at each stage: planning, pre-deployment, deployment (execution and force rotation), redeployment, and post-deployment. The main tasks of environmental officers at each stage of the operation are defined. Based on the tasks solved by officers, the requirements for their education are formed, the subjects studied by US environmental officers are considered.

Conclusion

2020 ◽  
pp. 283-298
Author(s):  
Risa Brooks
Keyword(s):  
Future Research ◽  
Civilian Control ◽  
Military Effectiveness ◽  
Civil Military Relations ◽  
Us Military ◽  
The Individual ◽  
Military Relations ◽  
Military Activity ◽  
The Military ◽  
The Relationship

The concluding chapter synthesizes insights from the individual chapters, identifying six overarching lessons: civilian control of the US military is complex and understudied; norms are essential for healthy civil-military relations; the relationship between society and the military is less than healthy; partisanship is corroding civil-military relations; public scrutiny of the military is essential to military effectiveness; and the fundamental character of civil-military relations is changing. In turn, it proposes several questions for future research, suggesting that more could be known about public accountability of military activity; the nature and measurement of military politicization; and changing actors and roles in civil-military relations.

scholarly journals ISPR Productions vs. Nationalism, Inclination to Join Army and Image Building: Case of Pakistan's Military Operations

2021 ◽  
Vol VI (IV) ◽  
pp. 1-8
Author(s):  
Rubab Musarrat ◽  
Muniba Fatima Zahra ◽  
Amna Ashraf
Keyword(s):  
Public Relations ◽  
Military Operations ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Military Operation ◽  
Image Building ◽  
The Military ◽  
The Impact ◽  
Purposive Sample

This study targets to investigate the impact of Inter-Services of Public Relations (ISPR) production, broadcasted during the war against terrorism, on Pakistani youth. It is hypothesized that ISPR productions have helped in inflating the motivation level of Pakistani youth, thus helping in promoting the nationalism and positive image of Pakistan. Furthermore, the role of ISPR productions in motivating youth to join Pakistan's Army is also explored. A cross-sectional survey research design was used. The sample of this study was comprised of youth aged between 18 to 24 years, selected through the non-probability purposive sample. The measures comprised of a self-constructed indigenous questionnaire assessing the impact of ISPR productions during a military operation in image building, promotion of nationalism and motivation to join the army. The data analyzed through SPSS Version 22.00 yielded insightful findings. The finding revealed that watching ISPR productions helped in instilling a fervent attitude of Pakistani youth towards nationalism and the Pakistani military. There had been a clearer inclination of youth to aspire for joining the military for upholding the nationalism beliefs, and this finding appears promising, keeping in mind the relative declining opinion that has been observed in youth from the past decade pertaining to nationalism and military operations.

The Relationship between Jus Ad Bellum and Jus In Bello

2016 ◽  
Author(s):  
Okimoto Keichiro
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Expert Opinions ◽  
Legal Implications ◽  
Law Of Armed Conflict ◽  
The Relationship ◽  
Self Defence

This chapter discusses the relationship between jus ad bellum (international law regulating the resort to force) and jus in bello (law of armed conflict). It examines state practice, international decisions, and expert opinions to determine how the relationship has been addressed in practice. The chapter considers the question of whether jus in bello applies equally to the unlawful and lawful parties to an armed conflict before turning to the legal implications of the cumulative requirements of the law of self-defence and international humanitarian law (IHL) imposed on a use of force in self-defence. Finally, it considers the legal implications of the concurrent application of Chapter VII of the UN Charter and IHL with respect to use authorized under Chapter VII.

Kiprah Komando Pasukan Sandhi Yudha dalam Operasi Militer di Indonesia Tahun 1971-1985

2018 ◽  
Vol 7 (2) ◽  
pp. 241-254
Author(s):  
Septian Minurdin
Keyword(s):  
Problem Formulation ◽  
Military Operations ◽  
Formal Organization ◽  
Literature Study ◽  
Special Forces ◽  
Military Operation ◽  
Historical Method ◽  
Military Forces ◽  
Research Procedure ◽  
The Military

Research’s background in this study was to investigate Indonesia’s Special Forces formation and military operation conducted by Indonesia Special Forces. After the Proclamation of Independence. Indonesia had no official military forces. At that time, military forces were derived from former independence fighters with a non-formal organization. Indonesia absolutely needed the military forces since the country encountered an attempts of disintegration namely rebellion in many provinces. After military forces established, Indonesia apparently could not overcome the domestic issue, therefore it was very essential to form Special Forces that could conduct military operation more effectively and efficiently. Problem formulation in this research is “how was the role of Sandhi Yudha Forces Command in conducting a military operation in Indonesia from 1971 to 1985?”. The study used the historical method, with four research procedure that are heuristic, critic, interpretation, and historiography. Moreover, literature study by analysed relevant sources was applied. The study research revealed, Firstly, Indonesia’s Special Forces was formed owing to the needs of a military operation in coping rebellions after Indonesia’s independence. Secondly, after the formation, Indonesia’s Special Forces has undergone numbers of re-organization that aim to improve the needs and system organization. These act as an effect from the development of forces and country ability in funding Special Forces' institution. Thirdly, after re-organization process between 1971 to 1985, Indonesia’s Special Forces has conducted numbers of combat and non-combat military operations, such as Valey X Expedition in West Irian, the quell of Communist Group in West Kalimantan and Hostages' Rescuing Operation of Garuda Airline DC-9-WOYLA in Don Muang Airport, Thailand

POLAND’S TROOP CONTRIBUTIONS TO US-LED MILITARY OPERATIONS AS A SECURITY POLICYINSTRUMENT

2017 ◽  
Vol 186 (4) ◽  
pp. 70-87
Author(s):  
Mikołaj KUGLER
Keyword(s):  
United States ◽  
United States Of America ◽  
Security Policy ◽  
The United States ◽  
Military Operations ◽  
Military Operation ◽  
Leading Role ◽  
Policy Goals ◽  
The Us ◽  
The Military

This article addresses the issue of Poland's troop contributions to US-led military operations, which for Poland constituted a salient instrument for attaining its security policy goals. It is argued that the United States of America played a pivotal role in Poland’s security policy, and by providing it with active support for the military operations in which the US exercised political and/or military leadership, Poland hoped to advance its security agenda. This assumption stemmed from America’s leading role in the global system and a conviction that it could influence its development in the way suiting the Polish interest. The article is in four parts. First, it examines the significance of foreign deployments as an instrument for attaining Poland’s security policy goals. Next, it explains the role the United States was assigned in Poland’s security policy. After that, it recounts the operations of Polish military contingents in US-led allied and coalition military operations. Finally, it discusses whether and how the engagement in those operations contributed to enhancing Poland’s security. The article embraces the period from the first military operation to which Poland deployed troops following the collapse of the Communist bloc in 1991 to the termination of the ISAF operation, which has had the largest Polish presence to date, in 2014. Keywords:

THE INFLUENCE OF RUSSIAN MILITARY INVOLVEMENT IN THE WAR IN SYRIA

2019 ◽  
Vol 111 (2) ◽  
pp. 85-99
Author(s):  
Tomasz WÓJTOWICZ ◽  
Izabela BARSZNICA ◽  
Kamil DRĄG
Keyword(s):  
Middle East ◽  
Military Intervention ◽  
Military Operations ◽  
Military Operation ◽  
Russian Army ◽  
Military Involvement ◽  
Middle East Conflict ◽  
Russian Military ◽  
The Military ◽  
Human Losses

The Russian military intervention in Syria, conducted between September 2015 and March 2016, was one of the crucial moments in the Middle East conflict which has evolved since 2011. It not only prevented the collapse of the regime of Bashar al-Assad but also enabled the initiative to be taken by the Syrian Arab Army. The simultaneous conducting of two military operations by the Russian army, i.e. the Russian involvement in both Ukraine and the Middle East, requires thorough investigations into the course of these operations. Such investigations may provide answers to a number of questions which appear of key importance to Poland, e.g., regarding Russia’s logistic and technological abilities to conduct military operations outside its territory, the military outcomes of the Russian intervention, and the potential social opposition to the human losses sustained by Russia as a result of such interventions. Considering the above, the aim of this article is to outline the Russian military intervention in Syria, and its influence on the course of the war. Special attention was paid to such issues as the causes behind the Russian intervention, the situation on the Syrian war frontlines prior to this intervention, the Russian forces engaged and the resources intended for this military operation, as well as its outcome.

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