The Legal Regulation of War

INTERNATIONAL CRIMINAL LAW: Intersections & Contradictions

41 Pages Posted: 15 Sep 2008 Last revised: 4 Sep 2020

See all articles by Beth Van Schaack

Beth Van Schaack

Stanford Law School

Ronald C. Slye

Independent; Seattle University School of Law

Date Written: July 07, 2020


This work is an introductory chapter for a forthcoming book on International Criminal Law: Intersections and Contradictions to be published by Foundation Press as part of their Concepts & Insights series. This chapter weaves together the history and contemporary doctrines governing the jus ad bellum (addressing the legality of going to war) with the jus in bello (addressing the rules governing the means, methods, and tactics of warfare once a state of war exists). It then focuses on the penal implications of breaches of these two bodies of law with respect to the evolving definitions of war crimes and the crime of aggression. Additional chapters in the text address the history of ICL, the sources of ICL, the major international crimes and defenses, and ICL reasoning and rhetoric. Publication is expected in 2020 for adoption in 2021

Keywords: International Criminal Law, jus in bello

JEL Classification: K10, K33, K14, N40,F53, F55

Suggested Citation

Van Schaack, Beth and Slye, Ronald C., The Legal Regulation of War (July 07, 2020). INTERNATIONAL CRIMINAL LAW: Intersections & Contradictions , Available at SSRN:

Beth Van Schaack (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305
United States
650 303 6832 (Phone)

HOME PAGE: http://

Ronald C. Slye

Independent ( email )

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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