The Concept of Legal Regulation of Warfare

THE CONCEPT OF LEGAL REGULATION OF WARFARE

DANIEL ŠMIHULA
JUDr. and MUDr., PhD., Dr. iur. (1972), University of Central Europe in Skalica, Slovakia

The mere idea of regulating or limiting the outburst of violent conflict with the enemy is exceptional and basically more difficult to explain than the idea of human communities living and coexisting in peace, because it needs an answer to a strange question why not to use all available means against the opponent if we are in war with him. This article tries to answer this question by a detailed description of the conditions on a battlefield and the mutual interest of both sides to reduce the level of violence.