Принципы справедливого ведения войны: обзор и основные проблемы

Abstract

The article is devoted to the principles of just warfare (jus in bello), which are highlighted within the framework of the just war theory developed in the West. A brief description of these principles is given, and some of the main problems associated with their interpretation are raised. It is argued that the principle of distinction should be understood as a principle of responsibility, prohibiting not only intentional, but also any culpable harm to civilians and objects, while the principle of proportionality should be formulated in such a way as to take into account not only the balance of benefits and costs of specific military operations, but also the probability (risk) of not achieving such a balance. It is argued that in addition to these two principles, the principle of military necessity should be highlighted within the framework of jus in bello. Finally, it is demonstrated that attempts in the scientific literature to justify the possibility of departure from the principles of just warfare are in fact attempts to find morally convincing priorities of some principles over others, but these priorities have not yet been fully formulated.