Teória spravodlivej vojny Francisca de Vitoriu

• Authors: Peter Vyšný

Title variants

EN

The theory of just war by Francisco de Vitoria

• Languages of publication: SK

Abstracts

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.

Keywords

EN

Francisco de Vitoria; just war; ius ad bellum; iusta causa; ius in bello; ius post bellum

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
• Year: 2021
• Volume: 160
• Issue: 9
• Pages: 759-778
• Document type: ARTICLE

Contributors

author

Peter Vyšný

• Právník, redakce, Ústav státu a práva AV ČR, v.v.i., Národní 18, 116 00 Praha 1, Czech Republic