Overview

This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.

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...a unique contribution to the literature of contemporary international law.A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students.Translated from the original SpanishProfessor Juan Carlos Sainz-BorgoAnuario Mexicano de Derecho InternacionalVolume XIII, 2013 Une variete de liens entre les deux branches du droit ressort de cette etude, menee a partir d'un materiau tres vaste relatif a la pratique des Etats et des organisations internationales, a la jurisprudence internationale et a de nombreux travaux doctrinaux.aA travers une analyse claire et rigoureuse qui le conduit a juste titre a soulever plus de questions qu'il n'apporte de reponses, l'auteur demontre ainsi que les principes reglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'eviter les conflits entre ces branches du droit et de limiter les lacunes dans la reglementation internationale de l'emploi de la force. loin de se limiter a un travail theorique, cette etude fouillee est destinee aussi bien aux universitaires qu'aux praticiensSarah Cassella2011 Annuaire Francais de Droit InternationalAlthough the interaction between these two branches of law has been so far extensively addressed by scholars, Okimoto's book is somewhat one of a kind. With an exclusive focus on different operational aspects relating to the distinction and relationship between jus ad bellum and jus in bello ... the book differs from other writings on the same topic and finds its own 'niche' of analysis, being in essence a comprehensive essay on the use of force during armed conflicts.The book is written in a straightforward and well-organized manner...This makes Okimoto's work clear to understand and easily guides the reader throughout theses and arguments. The author's in-depth study of the subject and the breadth of sources in support of his theories are impressive. In sum, The Distinction and Relationship between Jus ad Bellum and Jus in Bello is a resourceful, well-written and probably the most comprehensive study of the topic ever published. It will certainly become the point of reference for anyone interested in this theme.Maia TitberidzeMilitary Law and the Law of War Review50/3-4 (2011)The book is well written, very richly referenced (including to writings in languages other than English, which deserves special praise) and contains useful annexes and indexes all those interested in jus ad bellum, jus in bello or both should read thisbook. They will find a wealth of references, examples and ideas, although the discussion must continue.Marco SassoliChinese Journal of International LawJuly 2012As we try to teach our students, one should avoid either/or syndrome in legal (and perhaps all disciplined) analysis. One can thus be thankful that a valuable contribution to the legal literature has appeared that exemplifies this instruction. Unlike the argument that there is no third (non-Geneva/ICCPR) category on unlawful combatant, one must appreciate the gist of both Jus ad Bellum and Jus in Bellow, in order to appreciate not only their differences, but when one incrementally begins to look like the other. This book fills the prescription for one whose migraine might have been caused by not being able to find a book-length treatment of this increasingly important distinction in the so-called War on Terror.The 28-page bibliography, Annex 1 on UNSC resolutions relevant to IHL, the Annex 2 UNSC resolutions regarding Customary rules of IHL, and Index, combine to provide the reader with exquisite access to not only the content of the book, but the substance of two doctrines that heretofore were within the general province of only those with a massive library containing the many works that preceded this major between two covers, description of a core subject which must be understood by all international decision-makers, and those of us who teach them through our respective writings.The American Society of International Law NewsletterSeptember 2011

The body of the book is a careful excavation (not untypical of a good PhD thesis which is where this book began) of the interaction and relationship of jus in bello and jus ad bellum. The complexity of the task should not be under-estimated, nor its political significance...For international lawyers concerned with the application of international humanitarian law this book will be indispensable... Wade Mansell Law and Politics Book Review Vol. 23 No. 10, October 2013 ... it is clear that, in the future, it would not be possible to discuss the relationship between jus ad bellum and jus in bello without this book. The author and others like us should pursue further discussions, taking the book as the starting point. (translated from the original Japanese) Professor Kyo Arai Journal of International Law and Diplomacy May 2013 ...a unique contribution to the literature of contemporary international law. A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students. Translated from the original Spanish Professor Juan Carlos Sainz-Borgo Anuario Mexicano de Derecho Internacional Volume XIII, 2013 Une variete de liens entre les deux branches du droit ressort de cette etude, menee a partir d'un materiau tres vaste relatif a la pratique des Etats et des organisations internationales, a la jurisprudence internationale et a de nombreux travaux doctrinaux. A travers une analyse claire et rigoureuse qui le conduit - a juste titre - a soulever plus de questions qu'il n'apporte de reponses, l'auteur demontre ainsi que les principes reglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'eviter les conflits entre ces branches du droit et de limiter les lacunes dans la reglementation internationale de l'emploi de la force. loin de se limiter a un travail theorique, cette etude fouillee est destinee aussi bien aux universitaires qu'aux praticiens. Sarah Cassella 2011 Annuaire Francais de Droit International Although the interaction between these two branches of law has been so far extensively addressed by scholars, Okimoto's book is somewhat one of a kind. With an exclusive focus on different operational aspects relating to the distinction and relationship between jus ad bellum and jus in bello ... the book differs from other writings on the same topic and finds its own 'niche' of analysis, being in essence a comprehensive essay on the use of force during armed conflicts. The book is written in a straightforward and well-organized manner...This makes Okimoto's work clear to understand and easily guides the reader throughout theses and arguments. The author's in-depth study of the subject and the breadth of sources in support of his theories are impressive. In sum, The Distinction and Relationship between Jus ad Bellum and Jus in Bello is a resourceful, well-written and probably the most comprehensive study of the topic ever published. It will certainly become the point of reference for anyone interested in this theme. Maia Titberidze Military Law and the Law of War Review 50/3-4 (2011) The book is well written, very richly referenced (including to writings in languages other than English, which deserves special praise) and contains useful annexes and indexes. all those interested in jus ad bellum, jus in bello or both should read this book. They will find a wealth of references, examples and ideas, although the discussion must continue. Marco Sassoli Chinese Journal of International Law July 2012 As we try to teach our students, one should avoid either/or syndrome in legal (and perhaps all disciplined) analysis. One can thus be thankful that a valuable contribution to the legal literature has appeared that exemplifies this instruction. Unlike the argument that there is no third (non-Geneva/ICCPR) category on unlawful combatant , one must appreciate the gist of both Jus ad Bellum and Jus in Bellow, in order to appreciate not only their differences, but when one incrementally begins to look like the other. This book fills the prescription for one whose migraine might have been caused by not being able to find a book-length treatment of this increasingly important distinction in the so-called War on Terror. The 28-page bibliography, Annex 1 on UNSC resolutions relevant to IHL, the Annex 2 UNSC resolutions regarding Customary rules of IHL, and Index, combine to provide the reader with exquisite access to not only the content of the book, but the substance of two doctrines that heretofore were within the general province of only those with a massive library containing the many works that preceded this major between two covers, description of a core subject which must be understood by all international decision-makers, and those of us who teach them through our respective writings. The American Society of International Law Newsletter September 2011

... it is clear that, in the future, it would not be possible to discuss the relationship between jus ad bellum and jus in bello without this book. The author and others like us should pursue further discussions, taking the book as the starting point. (translated from the original Japanese)Professor Kyo AraiJournal of International Law and DiplomacyMay 2013 ...a unique contribution to the literature of contemporary international law.A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students.Translated from the original SpanishProfessor Juan Carlos Sainz-BorgoAnuario Mexicano de Derecho InternacionalVolume XIII, 2013 Une variete de liens entre les deux branches du droit ressort de cette etude, menee a partir d'un materiau tres vaste relatif a la pratique des Etats et des organisations internationales, a la jurisprudence internationale et a de nombreux travaux doctrinaux.aA travers une analyse claire et rigoureuse qui le conduit a juste titre a soulever plus de questions qu'il n'apporte de reponses, l'auteur demontre ainsi que les principes reglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'eviter les conflits entre ces branches du droit et de limiter les lacunes dans la reglementation internationale de l'emploi de la force. loin de se limiter a un travail theorique, cette etude fouillee est destinee aussi bien aux universitaires qu'aux praticiensSarah Cassella2011 Annuaire Francais de Droit InternationalAlthough the interaction between these two branches of law has been so far extensively addressed by scholars, Okimoto's book is somewhat one of a kind. With an exclusive focus on different operational aspects relating to the distinction and relationship between jus ad bellum and jus in bello ... the book differs from other writings on the same topic and finds its own 'niche' of analysis, being in essence a comprehensive essay on the use of force during armed conflicts.The book is written in a straightforward and well-organized manner...This makes Okimoto's work clear to understand and easily guides the reader throughout theses and arguments. The author's in-depth study of the subject and the breadth of sources in support of his theories are impressive. In sum, The Distinction and Relationship between Jus ad Bellum and Jus in Bello is a resourceful, well-written and probably the most comprehensive study of the topic ever published. It will certainly become the point of reference for anyone interested in this theme.Maia TitberidzeMilitary Law and the Law of War Review50/3-4 (2011)The book is well written, very richly referenced (including to writings in languages other than English, which deserves special praise) and contains useful annexes and indexes all those interested in jus ad bellum, jus in bello or both should read thisbook. They will find a wealth of references, examples and ideas, although the discussion must continue.Marco SassoliChinese Journal of International LawJuly 2012As we try to teach our students, one should avoid either/or syndrome in legal (and perhaps all disciplined) analysis. One can thus be thankful that a valuable contribution to the legal literature has appeared that exemplifies this instruction. Unlike the argument that there is no third (non-Geneva/ICCPR) category on unlawful combatant, one must appreciate the gist of both Jus ad Bellum and Jus in Bellow, in order to appreciate not only their differences, but when one incrementally begins to look like the other. This book fills the prescription for one whose migraine might have been caused by not being able to find a book-length treatment of this increasingly important distinction in the so-called War on Terror.The 28-page bibliography, Annex 1 on UNSC resolutions relevant to IHL, the Annex 2 UNSC resolutions regarding Customary rules of IHL, and Index, combine to provide the reader with exquisite access to not only the content of the book, but the substance of two doctrines that heretofore were within the general province of only those with a massive library containing the many works that preceded this major between two covers, description of a core subject which must be understood by all international decision-makers, and those of us who teach them through our respective writings.The American Society of International Law NewsletterSeptember 2011

As we try to teach our students, one should avoid either/or syndrome in legal (and perhaps all disciplined) analysis. One can thus be thankful that a valuable contribution to the legal literature has appeared that exemplifies this instruction. Unlike the argument that there is no third (non-Geneva/ICCPR) category on unlawful combatant, one must appreciate the gist of both Jus ad Bellum and Jus in Bellow, in order to appreciate not only their differences, but when one incrementally begins to look like the other. This book fills the prescription for one whose migraine might have been caused by not being able to find a book-length treatment of this increasingly important distinction in the so-called War on Terror.The 28-page bibliography, Annex 1 on UNSC resolutions relevant to IHL, the Annex 2 UNSC resolutions regarding Customary rules of IHL, and Index, combine to provide the reader with exquisite access to not only the content of the book, but the substance of two doctrines that heretofore were within the general province of only those with a massive library containing the many works that preceded this major between two covers, description of a core subject which must be understood by all international decision-makers, and those of us who teach them through our respective writings.The American Society of International Law NewsletterSeptember 2011

The body of the book is a careful excavation (not untypical of a good PhD thesis which is where this book began) of the interaction and relationship of jus in bello and jus ad bellum. The complexity of the task should not be under-estimated, nor its political significance...For international lawyers concerned with the application of international humanitarian law this book will be indispensable... Wade Mansell Law and Politics Book Review Vol. 23 No. 10, October 2013 ... it is clear that, in the future, it would not be possible to discuss the relationship between jus ad bellum and jus in bello without this book. The author and others like us should pursue further discussions, taking the book as the starting point. (translated from the original Japanese) Professor Kyo Arai Journal of International Law and Diplomacy May 2013 ...a unique contribution to the literature of contemporary international law. A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students. Translated from the original Spanish Professor Juan Carlos Sainz-Borgo Anuario Mexicano de Derecho Internacional Volume XIII, 2013 Une variete de liens entre les deux branches du droit ressort de cette etude, menee a partir d'un materiau tres vaste relatif a la pratique des Etats et des organisations internationales, a la jurisprudence internationale et a de nombreux travaux doctrinaux. A travers une analyse claire et rigoureuse qui le conduit - a juste titre - a soulever plus de questions qu'il n'apporte de reponses, l'auteur demontre ainsi que les principes reglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'eviter les conflits entre ces branches du droit et de limiter les lacunes dans la reglementation internationale de l'emploi de la force. loin de se limiter a un travail theorique, cette etude fouillee est destinee aussi bien aux universitaires qu'aux praticiens... Sarah Cassella 2011 Annuaire Francais de Droit International Although the interaction between these two branches of law has been so far extensively addressed by scholars, Okimoto's book is somewhat one of a kind. With an exclusive focus on different operational aspects relating to the distinction and relationship between jus ad bellum and jus in bello ... the book differs from other writings on the same topic and finds its own 'niche' of analysis, being in essence a comprehensive essay on the use of force during armed conflicts. The book is written in a straightforward and well-organized manner...This makes Okimoto's work clear to understand and easily guides the reader throughout theses and arguments. The author's in-depth study of the subject and the breadth of sources in support of his theories are impressive. In sum, The Distinction and Relationship between Jus ad Bellum and Jus in Bello is a resourceful, well-written and probably the most comprehensive study of the topic ever published. It will certainly become the point of reference for anyone interested in this theme. Maia Titberidze Military Law and the Law of War Review 50/3-4 (2011) The book is well written, very richly referenced (including to writings in languages other than English, which deserves special praise) and contains useful annexes and indexes... all those interested in jus ad bellum, jus in bello or both should read this book. They will find a wealth of references, examples and ideas, although the discussion must continue. Marco Sassoli Chinese Journal of International Law July 2012 As we try to teach our students, one should avoid either/or syndrome in legal (and perhaps all disciplined) analysis. One can thus be thankful that a valuable contribution to the legal literature has appeared that exemplifies this instruction. Unlike the argument that there is no third (non-Geneva/ICCPR) category on unlawful combatant , one must appreciate the gist of both Jus ad Bellum and Jus in Bellow, in order to appreciate not only their differences, but when one incrementally begins to look like the other. This book fills the prescription for one whose migraine might have been caused by not being able to find a book-length treatment of this increasingly important distinction in the so-called War on Terror. The 28-page bibliography, Annex 1 on UNSC resolutions relevant to IHL, the Annex 2 UNSC resolutions regarding Customary rules of IHL, and Index, combine to provide the reader with exquisite access to not only the content of the book, but the substance of two doctrines that heretofore were within the general province of only those with a massive library containing the many works that preceded this major between two covers, description of a core subject which must be understood by all international decision-makers, and those of us who teach them through our respective writings. The American Society of International Law Newsletter September 2011

Author Information

Keiichiro Okimoto was a delegate and legal adviser to the Delegations of the International Committee of the Red Cross (ICRC) in Iraq, Israel and the Occupied Territories, the Philippines, and Rwanda.

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