ENG ELC 220 Lecture Notes - Lecture 18: Jus Ad Bellum, Drago Doctrine, Peremptory Norm
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14. 1: introduction: the role of law in constraining international violence. Modern il allows states to resort to war, as it is a corollary of statehood; it can even be a form of settling disputes. Il has to determine when is the use of violence legitimate, rather than prohibiting it. The just war" theory is important for il and it distinguishes between the law of war" and the. According to grotius, laws of war are only applicable in situations of self- defense, protection of property, and punishment for wrongs suffered by the state. Il and the hague conventions focused mostly of jus in bello methods of conducting warfare, rather than on jus ad bellum the right to wage war. Drago doctrine (hague convention 1907) recourse to war is forbidden merely to recover contractual debts owed to a state"s nationals. 10 of the lon covenant obliged ms to preserve peace and independence of all members; according to art.