Theory of Just War in International Law

The present monograph constitutes a full analysis of Just War Theory in every of its aspects, therefore the book constitutes a complete exposition of the corpus of International Law called Jus ad Bellum. Simultaneously, there is a chapter which explores Humanitarian Law of Armed Conflict, called Jus in Bello. This comprises the rules that should govern an armed conflict and is called humanitarian precisely because it aims at safeguarding humanitarian values and human rights in time of war. Consequently this book covers the Law of War in its entirety, both the Jus ad Bellum category "justifications of war" as well as the Jus in Bello category albeit only to some limited extent. Extensively analyzed are the following aspects of the Use of military Force:
- Self-Defence in International Law
- Humanitarian Intervention
- National Liberation Wars
- Pro-democracy intervention
- United Nations Peacekeeping and Peace-enforcement action
- Nuclear Weapons
- Law of Armed Conflict - International Humanitarian Law
- Illegal Use of Force and Statehood
Just War Theory, as this is analyzed in the monograph, presents a peculiarity. Not only the basic aspects of Jus ad Bellum are analyzed, but the theory of just war is developed in further depth. It is noteworthy that in a special first chapter reference is made to the way through which Thucydides has influenced the contemporary theory of just war, particularly the legal basis of humanitarian intervention.
Consequently, the monograph may be seen as a useful tool for policy makers in the UK Foreign and Commonwealth Office, the UK Ministry of Defence, the US State Department, the US Pentagon, for academics, for both undergraduate as well as postgraduate-doctoral students of International Law, International Relations and History (particularly History of Political Thought), who would like to study in depth certain aspects of international justice, international relations theory and diplomacy.
The book will also be of particular use and reference to judges and advocates who appear before the International Court of Justice and the International Criminal Court at the Hague.

Περιεχόμενα:

INTRODUCTION
I. PHILOSOPHY OF JUST WAR IN ANCIENT GREECE AND GROUNDS OF LAWFUL WAR IN THUCYDIDES
IΙ. GROTIUS AND THE TRADITION OF JUST WAR THEORY ON THE LAW OF WAR AND PEACE
WHETHER IT IS EVER LAWFUL TO WAGE WAR
That war is not in conflict with the law of nature is proved by several considerations
That war is not in conflict with the law of nature is proved from history
That war is not in conflict with the law of nature is proved from general agreement
Proof is adduced that war is not in conflict with the law of nations
Proof is adduced that war was not in conflict with the divine volitional law before the time of the Gospel, and objections are answered
Preliminary considerations bearing upon the question whether war is in conflict with the law of the Gospel
Arguments drawn from the Holy Writ on behalf of the negative view, that war is not in conflict with the law of the Gospel
Answering of the arguments from Holy Writ on behalf of the affirmative view, that war is in conflict with the law of the Gospel
IΙI. SELF-DEFENCE IN MODERN INTERNATIONAL LAW - AN INTRODUCTION: INDIVIDUAL, COLLECTIVE AND PREEMPTIVE SELF-DEFENCE
IV. SELF-DEFENCE: A THOROUGH INTERNATIONAL LAW ANALYSIS
Natural Law and Self-Defence
Self-help
The Right of Territorial Integrity
The Right of Protection of Nationals
Self-Defence under the UN Charter
Collective Self-Defence
The Charter and Collective Self-Defence
V. ARMED REPRISALS
The concept of defensive armed reprisals
The interconnection between Defensive Armed Reprisals and Belligerent Reprisals
The Conditions of Necessity, Proportionality and Immediacy
VI. THE POLITICS AND ETHICS OF HUMANITARIAN INTERVENTION
Historical Evidence of Humanitarian Interventions
State Practice
Legal and Political Theory on Humanitarian Intervention
VII. THE JOINT INTERVENTION OF THE GREAT POWERS IN AID OF THE GREEK REVOLUTIONARIES
Diplomatic Background to the Intervention
The Treaty of London
The Navy Battle of Navarino
VIII. NATIONAL LIBERATION WARS OR WARS IN AID OF SELF-DETERMINATION
Philosophy of Law and Modern International Law on National Liberation Wars
The Political Context of the Battle at Navarino and International Law on the Use of Force Ramifications
IX. PRO-DEMOCRATIC INTERVENTION AND INTERNATIONAL LAW
Unilateral Pro-Democratic Intervention
State Practice on Pro-Democratic Intervention
State practice evaluation
X. MILITARY INTERVENTION BY TREATY RIGHT: THE TURKISH MILITARY INTERVENTION OF CYPRUS
Turkish justifications for the intervention and claims regarding the treaty
Treaty of Guarantee and International Law
Did the Treaty of Guarantee purport to authorize military action?
Criteria set by the Guarantee Treaty and the conduct of Turkey
The subsequent actions of Turkey
Stance taken by the International Community
Conclusion
XI. UNITED NATIONS PEACEKEEPING AND ENFORCEMENT ACTION
Collective Security and Enforcement Action
The Invasion of Kuwait By Iraq
The United Nations Observer Group In Lebanon (UNOGIL) 1958
Un Operation in the Congo 1960-1964
Constitutional Basis
The Establishment of the State of Israel
Legal Opinion: The United Nations General Assembly and Peacekeeping Operations (Use of Force)
XII. INTERNATIONAL LAW AND RECOGNITION OF STATES CREATED THROUGH THE USE OF FORCE
Doctrinal Considerations
States Created as a Result of Illegal Use of Force
XIII. IUS AD BELLUM AND IUS IN BELLO - HUMANITARIAN LAW OF ARMED CONFLICT
Lawful and Unlawful Conduct of War - International Humanitarian Law of Armed Conflict:
The International Court of Justice's Advisory Opinion on the Threat or Use of Nuclear Weapons
International Criminal Law
BIBLIOGRAPHY
INDEX