Analysis of the relationship between jus ad bellum and jus in bello on necessity and proportionality principles in the war on terrorism

2015 Fiscal Year Final Research Report

• Project/Area Number: 25870673
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: International law; International relations
• Research Institution: Tokyo International University
• Principal Investigator: Nemoto Kazuyuki 東京国際大学, 国際関係学部, 准教授 (40453617)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 自衛権 / テロリズム / 必要性 / 均衡性 / 国際連合

Outline of Final Research Achievements

This study has examined and clarified the conditions of the right of self-defence, especially the necessity and proportionality requirements in the use of force against terrirists or non-state actors. As international humanitarian law has developed through the interchange of benefits of states as well as the interest of humanity, non-state actors do not seem to have the incentives for complying with international humanitarian law. Based on this difficult legal situation from the perspective of the method of warfare in Jus in bello, this study tried to challenge the traditional sharp distinction between the jus in bello and the jus ad bellum with the close examination of related judgments of ICJ and other state practices. It follows that jus ad bellum thorough the necessity and proportionality principles is likely to be applicable and functions in the impediment to enforcement of international humanitarian law against non-state actors in order to regulate the use of force effectively.

Free Research Field

国際法学