出版社:AHRC Research Centre for Studies in Intellectual Property and Technology Law
摘要:Only just wars are said to be legitimate and ethically sustainable. Modern jus ad bellum is invoked in cases of “gross territorial infringement, egregious violations of human rights, and immediate threats to world peace.” [p. 60]. The vagueness of these justifications has allowed big stick interventions that create military necessities where means are justified by setting arbitrary ends. Still, conventional wars between sovereign states are supposedly ruled by international laws and agreements (Tokyo Declaration, Geneva Conventions), which prohibit the use of certain destructive weapons, disallow attacking noncombatants and targeting civilians, grant immunity to medical forces, require humane treatment of prisoners and condemn torture and the participation of physicians in such practices. Alas, this book informs us, contemporary war scenes are asymmetrical, rogue states or rebellious groups resorting to terror, thus introducing unconventional strategies that in the end force both parties to violate humanitarian norms of warfare, that is, to disregard the jus in bello doctrine.