Abstract
The present article tries to consider the present circumstances of the phenomenon of war starting from an opposition between Carl Schmitt and Michael Walzer. Starting from the essential link between jus ad bellum and jus in bello, the author tries to analyse the kind of war that arises from the crisis of jus ad bellum: a war reduced to self defence, based on enemy’s criminalization and justified as a police action with humanitarian rhetoric. Based on that analysis, he argues that the inevitable consequence of taking away the jus belli from sovereign power is the increasing of war’s intensity and violence itself.
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