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Examples
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Remember that the jus in bello is a two-way street.
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Where our analysis leaves the issue of proportionality of use of force under jus ad bellum and enters the issue of armed forces’ conduct under jus in bello is a matter of debate.
The Russia-Georgia war and the international law : Law is Cool 2008
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That regime is jus in bello, and in particular, the laws of occupation.
Noura Erakat: Collective Punishment or Not, Gaza Blockade Illegal Noura Erakat 2010
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In the case of a terrorist group — Al Qaeda, the IRA, ETA, etc., the automatic assumption that military lawyers sometimes make, that jus ad bellum and jus in bello are independent, is beside the point; these groups have no reciprocal right to target anything, irrespective of whether, in a lawful conflict, something or someone would be a target.
The Volokh Conspiracy » Drone Warfare, the CIA, and Charlie Savage’s NYT Article 2010
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To do so would conflate the right to initiate war (jus ad bellum) with the laws of occupation (jus in bello) and render useless the distinction of the permissible use of force in each case.
Noura Erakat: Collective Punishment or Not, Gaza Blockade Illegal Noura Erakat 2010
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In doing so an occupying power would be conflating, and rendering useless, two otherwise distinct legal regimes of jus in bello and jus ad bellum.
Noura Erakat: Collective Punishment or Not, Gaza Blockade Illegal Noura Erakat 2010
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In the case of a terrorist group — Al Qaeda, the IRA, ETA, etc., the automatic assumption that military lawyers sometimes make, that jus ad bellum and jus in bello are independent, is beside the point; these groups have no reciprocal right to target anything, irrespective of whether, in a lawful conflict, something or someone would be a target.
The Volokh Conspiracy » Drone Warfare, the CIA, and Charlie Savage’s NYT Article 2010
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First of all, there is the later enactment of UNCLOS, with its provisions regarding what people can and cannot do on the high seas, and secondly there are the Geneva Conventions and the rest of the ius in bello, which may have something to say about when a blockade is or is not allowed, and what the legal consequence is of someone trying to run an unlawful blockade.
The Volokh Conspiracy » Gaza Blockade Violence News You May Have Missed 2010
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In the case of a terrorist group — Al Qaeda, the IRA, ETA, etc., the automatic assumption that military lawyers sometimes make, that jus ad bellum and jus in bello are independent, is beside the point; these groups have no reciprocal right to target anything, irrespective of whether, in a lawful conflict, something or someone would be a target.
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This sense of proportionality is the second jus in bello criterion; it has to do almost entirely with the foreseen but unintended harm done to noncombatants and to noncombatant infrastructure.
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