RĂZBOIUL ŞI CONFLICTUL ARMAT DIN PERSPECTIVA DREPTULUI INTERNAŢIONAL
WAR AND CONFLICT IN THE INTERNATIONAL LAW

Summary/Abstract: The notions of war and conflict in international law are approached from two perspectives: jus ad bellum – represented by the provisions entitling states to use military force in settling disputes with other states and jus in bellum representing the provisions of international humanitarian law, as a branch of public international law. Due to a slow but decisive development in international law, jus ad bellum ‒ the states’ right to resort to war has been outlawed, without jeopardizing the legitimate right to self-defense of individual or collective states facing the aggression of another state, the use of armed force representing the exception to the principle prohibiting the use of force or threat of military force. The chronological presentation of the legal instruments of international law governing war is indicative of the progress made at this moment in the international relations among states of the peace right ‒ jus contra bellum.In international humanitarian law, customary law is particularly important, just as the convention law, especially for countries that have not ratified the legal instruments that concern the regulatory field, so they are bound by customary rules of international humanitarian law during international armed conflicts or internal armed conflicts, irrespective of being a state party to treaties that regulate the conduct of war.

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