The Legal Regulation of War

THE ESSENTIALS OF INTERNATIONAL CRIMINAL LAW, Aspen, October 2008

Santa Clara Univ. Legal Studies Research Paper No. 08-63

37 Pages Posted: 15 Sep 2008

See all articles by Beth Van Schaack

Beth Van Schaack

Stanford Law School

Ronald C. Slye

Independent; Seattle University School of Law

Abstract

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials 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 war SHOULD BE LAW NOT WAR 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 October 2008.

Keywords: International Criminal Law, jus in bello

Suggested Citation

Van Schaack, Beth and Slye, Ronald C., The Legal Regulation of War. THE ESSENTIALS OF INTERNATIONAL CRIMINAL LAW, Aspen, October 2008; Santa Clara Univ. Legal Studies Research Paper No. 08-63. Available at SSRN: https://ssrn.com/abstract=1266968

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://https://law.stanford.edu/directory/beth-van-schaack/

Ronald C. Slye

Independent ( email )

No Address Available

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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