Uma guerra (in)justa

: as regras da precaução na condução das hostilidades: entre a justição e a legalidade

Abstract

Throughout this Master’s dissertation, the Author tries to weight the main IHL principles at stake within the rules of precaution in attacks and against its effects (articles 57º and 58º from AP I) with the founding principles of the Geneva Convention’s texts: the protection of civilians and the preservation of humanity in armed conflict. To do so, she starts by stating the concepts of distinction and attack, as well as the normative content of the principle of precautions in attack. Then follows an explanation of the major problems when facing the specifics that guide military decision. At last, addresses the issue of human shields, referring how it directly relates with these precautionary rules. The Author believes that, despise the due importance each military interest must be given, e.g. military necessity and advantage desired, one can never give up on the fundamental goal of IHL: doing all things feasible to assure that civilians and the civilian population will rest safe and spared from the ruses of war. This shall be the major concern ruling the education for IHL, especially when concerning the higher ranks of the military.

Date of Award	10 Jul 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Isabel Tavares (Supervisor)