1. Introduction

2. Background and Principles Governing the Relationship between Jus ad Bellum and Jus in Bello

Ⅰ. Introduction to jus ad bellum and jus in bello

A. What are jus ad bellum and jus in bello?

B. General distinction between jus ad bellum and jus in bello

Ⅱ. Three principles governing the relationship between jus ad bellum and jus in bello

A. Can the application of jus in bello be affected by jus ad bellum?

B. Principle of the separation between jus ad bellum and jus in bello

C. Principle of the equal application of jus in bello to the conflicting parties

D. Principle of the concurrent application of jus ad bellum and jus in bello

E. Relationship among the three principles

Ⅲ. Three principles in contexts other than the use of force in self-defence

A. Threshold of application of jus ad bellum and jus in bello

B. Use of force under Chapter Ⅶ of the UN Charter

C. Non-international armed conflict

D. Armed conflict of a mixed character

Ⅳ. Conclusions

3. Distinction and Relationship between the Law of Self-defence and IHL

Ⅰ. ‘Armed attack’ and ‘armed conflict’

A. Distinction and relationship between ‘armed attack’and ‘armed conflict’

B. Simultaneous existence of an armed attack and an international armed conflict and the equal application of IHL

Ⅱ. Role of the principle of proportionality and IHL in the conduct of self-defence

A. Distinction and relationship between the principle of proportionality in the law of self-defence and IHL

B. Jus ad bellum and jus in bello constraints on the conduct of self-defence

Ⅲ. Principle of necessity in jus ad bellum and jus in bello

A. Principle of necessity in the law of self-defence

B. Military necessity in IHL and the differences with the principle of necessity in the law of self-defence

Ⅳ. Reprisals in jus ad bellum and jus in bello

A. Reprisals in jus ad bellum

B. Reprisals in IHL and the complementary nature of the prohibitions on the two kinds of reprisals

Ⅴ. Conclusions

4. Distinction and Relationship between Chapter Ⅶ Measures and IHL

Ⅰ. Different nature of Chapter Ⅶ use of force compared to self-defence

Ⅱ.Chapter Ⅶ of the UN Charter and IHL

A. Legal basis for the Security Council to deal with issues related to IHL

B. Can Chapter Ⅶ decisions prevail over IHL pursuant to Article 103 of the UN Charter?

C. Distinction and relationship between‘threat to the peace’ /‘breach of the peace’ /‘act of aggression’ and‘armed conflict’

D. Role of Security Council resolutions in the beginning and the end of the application of IHL

Ⅲ. Security Council resolutions and IHL

A. Overview of the Security Council resolutions relating to IHL

B. Specific issues arising from Security Council resolutions related to IHL

Ⅳ. Military enforcement measures under Chapter Ⅶ of the UN Charter and IHL

A. Two types of UN forces authorised under Chapter Ⅶ

B. Jus ad bellum constraints on the use of force by UN forces

C. Jus in bello constraints on the use of force by UN forces

Applicability of IHL to state-led UN forces

Applicability of IHL to UN-commanded forces

D. Specific issues pertaining to the relationship between Chapter Ⅶ use of force and IHL

Means and methods of warfare

Protection of civilians

Protection and facilitation of relief personnel and consignments

Detention

Occupation

Ⅴ. Non-military enforcement measures under Chapter Ⅶ and IHL

A. Arms embargoes and IHL

B. Economic sanctions/ restrictions on certain means of transportation and IHL

Ⅵ. Conclusions

5. Particular Problems in Non-international Armed Conflict

Ⅰ. Equal application of jus in bello in non-international armed conflict

A. Applicability of IHL to armed groups

B. Judicial guarantees obligations

Ⅱ. Intervention by foreign armed forces or armed groups and mixed armed conflict

A. Intervention by foreign armed forces or armed groups

B. Mixed armed conflict

Ⅲ. Conclusions

6. Conclusions

Bibliography

Ⅰ. Primary materials

Ⅱ. Secondary materials

Annex 1: United Nations Security Council Resolutions Relevant to IHL

Annex 2: United Nations Security Council Resolutions Reflecting Customary Rules of IHL

Index