Generally, law is an instrument of order. For this reason, it does not only aim to prevent the use of violence but actually prohibits the use of violence except in strictly delimited circumstances. It is therefore counter intuitive to jus in bello which is a body of law that regulates the administration of violence by parties to an armed conflict. Jus in bello refers to the law of armed conflict and is contemporarily known as international humanitarian law. It applies to all parties to an armed conflict. In this regard, it does not only apply to lawful participants in armed conflict but also applies to persons unlawfully engaging in or participating in armed conflict. Given this ostensibly unusual slant, this article sets out to highlight the underpinning philosophy and practical reasons for the existence and application of jus in bello.
Authors: Elijah Oluwatoyin Okebukola