Revista de Ciências Civis e Jurídicas

Abstrato

Common Humanity Law Provisions in International Areas

Swart M

International humanitarian law, also known as the law of war, law of armed conflict or the jus in Bello, is the body of international law that applies in armed conflict. Human law accepts that parties to an armed conflict will need to use force to ‘win the war’ and that this will likely result in some death and destruction. To minimise this likely harm, human law regulates how wars are fought. At its essence, human law seeks to strike a balance between two fundamental principles: military necessity and humanity.