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Rousseau’s critique of Grotius’ Jus ad bellum and Jus in bello

ABSTRACT:

This paper presents some of Rousseau’s main criticisms of the right “of ” and, principally, “in” war, as they appear in the works of Hugo Grotius. Rousseau asks his readers not to forget, “by any means”, that he doesn’t seek to discover “[...] what makes war advantageous to those who make it, but what makes it legitimate”. He also reminds us that “[...] there is always a cost to being fair”, but that this is not a reason for us to give up being so. It is necessary to establish rules for actions undertaken, even in the middle of combat, in order to distinguish war from mere pillaging.

KEYWORDS:
Rousseau; Grotius; Jus ad bellum ; Jus in bello ; Justice

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