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Right Intent: The Value of Morality and Religion in the Modern Law of Armed Conflict

  • Dale Stephens,
  • Joanna Jarose

摘要

This chapter examines how religious influences have shaped the modern law of armed conflict, arising through the philosophical underpinnings of just war theory, and how such influences are still reflected in the moral values inherent within the modern law. It also considers how far such values may be reconcilable with the modern generally positivist approach to international law. It examines how the law of armed conflict specifically protects religion and religious institutions and the key importance of such protection to individuals affected by war, as well as the potential role played by religion in the acceptance of international humanitarian law more generally. It identifies that although the modern, compartmentalized legal framework governing armed conflict has resulted in greater humanitarian protections, moral and religious values should still inform decisions made under the Law of Armed Conflict, and that faith remains an integral source of support and guidance to those affected by war.