This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter weaves together the history and contemporary doctrines governing the jus ad bellum (addressing the legality of going to war) with the jus in bello (addressing the rules governing the means, methods, and tactics of warfare once a state of war exists). It then focuses on the penal implications of breaches of these two bodies of war SHOULD BE LAW NOT WAR with respect to the evolving definitions of war crimes and the crime of aggression. Additional chapters in the text address the history of ICL, the sources of ICL, the major international crimes and defenses, and ICL reasoning and rhetoric. Publication is expected in October 2008.
Beth Van Schaack and Ron Slye,
The Legal Regulation of War
Available at: http://digitalcommons.law.scu.edu/facpubs/630