The law of armed conflict

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract / Description of output

Grotius’ two major treatises on the law of nations - De jure praedae and De jure belli ac pacis - both had the discussion of the just war doctrine as the backbone to their structure and argument. Whereas the older treatise was construed to argue the justice and legality of the taking of a Portuguese ship in East Indian waters, the more mature work aimed at a systematic exposition of the laws regulating the starting, waging and ending of war. Grotius offered a novel reading of the just war doctrine by rewriting it into the key of his general legal theory and his doctrine of natural rights as subjective rights under commutative justice. This chapter analyses Grotius' reframing of the just war doctrine and his re-systematisation of late-medieval and Renaissance legacies of theologians, canonists and civilians into a new doctrine of jus ad bellum, also giving some attention to its effect for the legal proces of peace-making.
Original languageEnglish
Title of host publicationThe Cambridge Companion to Hugo Grotius
EditorsRandall Lesaffer, Janne E. Nijman
PublisherCambridge University Press
Chapter21
Pages457-476
Number of pages20
ISBN (Electronic)9781108182751
ISBN (Print)9781316648315
DOIs
Publication statusPublished - 16 Sept 2021

Publication series

NameCambridge Companions to Law

Keywords / Materials (for Non-textual outputs)

  • Grotius
  • international law
  • history of international law
  • jus ad bellum
  • use of force law
  • war
  • peace
  • natural law
  • law of nations

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