LEGITIMACY OF PURPOSE AND LEGALITY OF MEANS IN CURRENT ARMED CONFLICTS (I)
LEGITIMACY OF PURPOSE AND LEGALITY OF MEANS IN CURRENT ARMED CONFLICTS (I)
Author(s): Ionel HorneaContributor(s): Iulia NASTASIE (Translator)
Subject(s): Studies in violence and power, Peace and Conflict Studies
Published by: Centrul tehnic-editorial al armatei
Keywords: armed conflict; revolution in the military domain; conventional weapons; peace and war;
Summary/Abstract: The persistence of armed conflicts in the history of the humankind has been an evil, to some extent, necessary to the human being and the world on their way to progress. In this case, the evil is the war with all its bad consequences and the good is peace and international law applicable in armed conflicts. In the author’s opinion, it is not at all true what Cicero said that laws must be silent when weapons speak, because war is not a simple fight for existence and survival, but remains, in its essence, a human action. That is why the possibility of legal regulation of armed conflict situations arises from the ancient principle of “ubi societas ibi jus” so that, being an action decided and carried out by the members of an organised human society, the armed conflict has also available a legal reflection through which the rights and duties of belligerents are established.
Journal: Romanian Military Thinking
- Issue Year: 2012
- Issue No: 1
- Page Range: 129-138
- Page Count: 10
- Language: English