Guerra asimétrica y proporcionalidad : retos para el derecho internacional humanitario



Downloads per month over past year

Arauz Cantón, José Bernardino (2013) Guerra asimétrica y proporcionalidad : retos para el derecho internacional humanitario. [Thesis]

[thumbnail of T34973.pdf]


War has historically been, as a security concept, a fluid notion. This fluidity has given rise to different interpretations concerning its nature. However, the central question to be addressed is, how permanent is the nature of war? There are, at least, three constant elements which underlie that nature. First, war does not mean violence at random but rather organised and systemic violence. Second, war pursues rational political ends and, in this sense, it could lead to structural transformations such as power shifts, loss or gain of territorial control, or the weakening of a state’s army. Third, war implies probability
or uncertainty. These clausewitzian constant elements, common to all wards, lead to barbarie without any normative constraints. Thus, war does not signify ‘chaos’ but a
‘humanised’ conduction of organised violence, governed by a humanitarian legal framework. Armies, and the rightful use of force, have been structured taking into consideration this normative background. This situation can be traced back first to the barbarie and then to the high intensity conflicts which developed during the renaissance, both events together leading to the construction of the modern state. Indeed, the modern state machinery was born out of the prevailing violence during both historical periods.
Therefore, in order to be able to survive, the construction of strong, independent and centralised political units was paramount. The modern state was created after the Peace
of Westphalia, in 1648, with the aim of exerting power within its territorial boundaries and, therefore, maintaining domestic and external security. It follows that in order to be able to exert these functions the construction of professionalised armies was also

Item Type:Thesis
Additional Information:

Tesis inédita de la Universidad Complutense de Madrid, Facultad de Derecho, leída el 18-09-2013

Pastor Ridruejo, José Antonio
Uncontrolled Keywords:Derechos humanos
Subjects:Social sciences > Political science > Human rights
ID Code:23821
Deposited On:05 Dec 2013 09:24
Last Modified:07 Feb 2014 11:08

Origin of downloads

Repository Staff Only: item control page