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1 results

  • 15 - War and the Use of Force in Old Regime Europe

  • from Part II - International Law in Old Regime Europe (1660–1775)
  • General editor Randall Lesaffer, KU Leuven and Tilburg University
  • Book:
    The Cambridge History of International Law
    Published online:
    22 April 2025
    Print publication:
    08 May 2025, pp 495-516

  • Summary

    This chapter explores the justification and legitimisation of war and ‘imperfect’ uses of force both in legal scholarship and diplomatic practice. The Grotian synthesis of ‘just’ and ‘formal’ war entered mainstream scholarship and reached its full explanatory force in the work of Vattel. The resilience of just war in the face of its impracticality among sovereign state in scholarship can, among other, be explained by the fact that the subtle interplay of two conceptions of law in fields of legal application - , gelled well with diplomatic practice. Whereas states applied the jus in bello and jus post bellum with regards to claims to the justice of the war, the just war doctrine remained a common discourse for the justification of resort to war and force and added an instrument to the toolbox of alliances diplomacy.