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Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it. [1]
Opponents of MEC—sometimes grouped under the label of revisionist just war theory—nevertheless generally support the belligerent equality principle of IHL on pragmatic grounds. [3] In his 2018 book The Crime of Aggression, Humanity, and the Soldier, law scholar Tom Dannenbaum was one of the first to propose legal reforms based on rejection ...
Military theory is the study of the theories which define, inform, guide and explain war and warfare. Military theory analyses both normative behavioral phenomena and explanatory causal aspects to better understand war and how it is fought. [1] It examines war and trends in warfare beyond simply describing events in military history. [2]
The modern law of war is made up from three principal sources: [1] Lawmaking treaties (or conventions)—see § International treaties on the laws of war below. Custom. Not all the law of war derives from or has been incorporated in such treaties, which can refer to the continuing importance of customary law as articulated by the Martens Clause.
The people's armies supported the idea that war is an existential struggle. [9] [10] During the following years, however, Clausewitz gradually abandoned this exalted view and concluded that the war served as a mere instrument: "Thus, war is an act of violence in order to force our will upon the enemy." [11]
The sociological study of peace, war, and social conflict uses sociological theory and methods to analyze group conflicts, especially collective violence and alternative constructive nonviolent forms of conflict transformation. These concepts have been applied to current wars, like the War in Ukraine, and researchers note that ordinary people ...
The British Army's principles of war were first published after the First World War and based on the work of the British general and military theorist, J. F. C. Fuller. The definition of each principle has been refined over the following decades and adopted throughout the British armed forces.
Jus ad bellum (/ j uː s / YOOS or / dʒ ʌ s /), literally "right to war" in Latin, refers to "the conditions under which States may resort to war or to the use of armed force in general". [1] Jus ad bellum is one pillar of just war theory. Just war theory states that war should only be condoned under 'just' conditions. [2]