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Legal Definitions - contra jus belli
Definition of contra jus belli
The Latin phrase contra jus belli translates to "against the law of war." It refers to any action, conduct, or policy undertaken during armed conflict that violates the established international legal principles and rules governing warfare.
The "law of war," also known as international humanitarian law (IHL) or the laws of armed conflict (LOAC), is a body of international law that sets limits on the methods and means of warfare and protects persons who are not, or are no longer, participating in hostilities. Actions deemed contra jus belli are considered war crimes or other serious breaches of international law.
Example 1: During an armed conflict, a military unit intentionally targets and destroys a clearly marked civilian school building, despite knowing it is not being used for any military purpose. This act would be considered contra jus belli.
Explanation:International humanitarian law strictly prohibits the deliberate targeting of civilian objects and infrastructure that are not legitimate military objectives. Destroying a school without military necessity directly violates the principle of distinction, which requires parties to a conflict to distinguish between combatants and civilians, and between military objectives and civilian objects.
Example 2: After capturing enemy combatants, soldiers subject them to severe physical and psychological torture to extract intelligence, denying them proper medical care and humane conditions. This conduct would be contra jus belli.
Explanation: The Geneva Conventions, a cornerstone of the law of war, mandate the humane treatment of prisoners of war (POWs). They explicitly prohibit torture, cruel treatment, and degrading acts against captured combatants. Any such mistreatment constitutes a grave breach of these international legal obligations.
Simple Definition
Contra jus belli is a Latin phrase that translates to "against the law of war." It describes actions or conduct that are in violation of the established international rules and principles governing armed conflict, often referred to as international humanitarian law.