oa Comparative and International Law Journal of Southern Africa - Jus in bello revisited

Volume 21, Issue 1
  • ISSN : 0010-4051



One of the most crucial issues occupying students of the international law of war has been that of the legitimate means which may be employed in the process of using force to achieve objectives in the international arena. This issue is currently subject to renewed interest in the wake of the proliferation of revolutionary wars and the threat inherent in recourse to nuclear weapons. The purpose of the present article is to examine this in a comprehensive fashion in the light of these new developments with a view to determining whether the jus in bello still offers a viable framework for the restraint of conduct by parties engaged in armed conflict. In order to facilitate presentation, an analytical historical summary is provided prior to the discussion of the relevant contemporary legal questions.

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