Jus Ad Bellum, Values, and the Contemporary Structure of International Law

11 Pages Posted: 10 Jul 2013

See all articles by Sean D. Murphy

Sean D. Murphy

George Washington University - Law School

Date Written: 2013

Abstract

In "Religion, Violence, and Human Rights: Protection of Human Rights as Justification for the Use of Armed Force," 41 Journal of Religious Ethics 1 (2013), James Johnson discusses an important dilemma for contemporary society: when should transnational military force be permitted to protect human rights? Professor Johnson uses the relatively recent doctrine of a "responsibility to protect" as the centerpiece of his paper, characterizing it as a reaction to legal concepts that emerged in the "Westphalian system." Yet the doctrine, at least as it relates to the use of military force, is not a reaction to that system but, rather, to the relatively recent system of the UN Charter, particularly its relegation to the Security Council of the exclusive authority to determine when military force should be used for purposes other than self-defense. When the Cold War ended and the Security Council failed to act to protect human rights, the doctrine was born.

Keywords: responsibility to protect, humanitarian intervention, military force, human rights

Suggested Citation

Murphy, Sean D., Jus Ad Bellum, Values, and the Contemporary Structure of International Law (2013). 41 Journal of Religious Ethics 20 (2013); GWU Legal Studies Research Paper No. 2013-100; GWU Law School Public Law Research Paper No. 2013-100. Available at SSRN: https://ssrn.com/abstract=2291566

Sean D. Murphy (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-8763 (Phone)
202-994-5654 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
108
rank
242,824
Abstract Views
1,161
PlumX Metrics