| الوصف: |
The modern Constitutions of democratic countries contemplate, in different forms, the principle of the repudiation of war as an instrument of conquest and offense to other peoples. This principle is often related to the willingness to cooperate internationally with other States for the purpose of peacekeeping among nations, accepting – in some cases – the possibility of providing for limitations to the sovereignty of the State on terms of reciprocity in order to create bodies able to better pursue that end at a global level. At the same time, the constitutional texts contain a discipline – usually very succinct and not detailed – concerning the formal procedures established for the declaration of the “war”, which therefore refer essentially to the sphere in which war (in the traditional sense) can still be considered legitimized by the modern Constitutions, i.e. essentially the defensive one. Given this regulatory context, for several years now in many legal systems there has been a lively debate about the correct legal framework to be given to all those military interventions (different from the “war” in the classic sense) in which States are involved within international operations of peacemaking, peacekeeping, peacebuilding and peace enforcement. It is no coincidence that in the most recent normative texts, especially international and supranational, the concept of “war” is often replaced by others, such as “armed intervention” or “military intervention”, with the purpose to bring the letter to the area – in the broad sense – of humanitarian (international) law, giving them an autonomous legal connotation. Moving from the difficulty to include these new kind of military operations into the traditional “language" used in the democratic Constitutions, part of the legal literature has often focused its attention on the structural differences between those interventions and the classic war (for example about the type of weapons that can be used, the rules of engagement, etc.) with the aim of claiming the former. ... |