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Teória spravodlivej vojny Francisca de Vitoriu

100%
Vyšný P.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
|
2021
|
vol. 160
|
issue 9
759-778
EN
The paper deals with the theory of just war by Francisco de Vitoria. The theory under examination is complex, dealing ius ad bellum, ius in bello and (to a lesser extent) ius post bellum. The theory is characterized by efforts of its authors to promote the understanding of war as ultima ratio of the resolution of interstate conflicts, as well as to ensure that war is conducted effectively, with discipline, only to the extent necessary and only for as long as is really necessary, as well as humanely. According to Vitoria, war was just if it was waged by a legitimate authority (the ruler of the state that suffered harm), if there was demonstrably a just cause for it (iusta causa; harm caused by one state to another state) and if it was waged with the right intent (appropriate punishment of the enemy for causing harm) as well as in the correct way, i. e. in accordance with certain rules or restrictions.
2

Prawo okupacji a międzynarodowe budowanie państwa: mój przyjaciel wróg

60%
Gil G.
Studia Prawnicze
|
2016
|
issue 4 (208)
7-38
EN
Following the end of the cold war, the incidence of statebuilding interventions has visibly increased in the case of dysfunctional (failed) states. Today, such interventionism in a good faith promotes liberal values and is believed to be in line with international legal regimes that makes it distinctive from neo-imperial politics. Even if state-building does not generally refer to regular warfare, it often takes analogous forms to occupation, which was codified in jus in bello at the beginning of the XXth century. While the occupation law requires occupants to maintain status quo on the occupying territory (article 43 of Hague Regulations), armed state-building is transformative by definition that seems to undermine conservative provisions of the former. The article presents traditional criteria for occupation in the Hague and Geneva conventions as well as prospects and limitations of its refinement (jus post bellum). In theory, such a redefinition could launch the formulation of the statebuilding regime, which aims to reduce deficits or double-standards in international state-building by focusing on the interests of local stakeholders of transformative projects. Hence, the Author addresses three interlocking issues: occupation within state-building, the occupation law and state-building, and transformative occupation as state-building.
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