International Law - Just Law

In international law there are specific requirements for a state to use force during a dispute.
The use of force itself is called as jus ad bellum. It determines ‘the right to war’ and the right
of one state to mobilize its’ troops and go to war. There are several conditions for a state to be
permitted to war in the international system. First, within article 51 of the UN Charter
discusses the condition for ‘self-defense if attacked’, it is stated that “nothing in the present
charter shall impair the inherent right of individual or collective self-defense if an armed
attack occurs against a member of the United Nations, until the Security Council has taken
measures necessary to maintain international peace and security”. This can be concluded
that the United Nations does not support any states to go on war, however, under an
inevitable condition such as under attack, a state is permitted to use force and turn in a war.
Adding on in general practice, jus ad bellum could be used in much broader way such as
through the preemptive attack customary law and preventive attack not in international law.
The customary law allows a state to turn in a war if there are eminent evidence of going to be
attacked.

Furthermore, after the decision to use force is made, there are some rules need to be followed
on how the war was fought and the “fair play” between the states’ involved are needed. Jus
in bello is the law that promotes “justice in war” and is a law that governs the conduct of war.
Its’ predecessor is called as “Lieber Code”, which was the first written law of war during the
civil war. Its’ existence is needed to provide a standard procedure of war for the Soviet Union
soldiers to follow. Through the success of Lieber Code which could put the soldiers
accountable, the provision spread in the late 1800s which later in 1907 evolved into the
Hague Laws. Then, after World War II, the law was refined through the Geneva Convention
(1948). It discussed specifically about wounded wounded and sick both at sea and field,
fighter who got captured by the enemy and the rights of civilians. Those rights should be
given to armies and non-state actors.