O direito internacional humanitário como instrumento de proteção da condição humana e de promoção da paz

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This dissertation aims at discussing rights protection legal tools applied in armed conflicts, as well as the importance of International Humanitarian Law to guarantee the sustainability of pacific forms of controversy solutions in plural and complex societies. First, because it is a branch of International Public Law concerned with the restriction of armed conflicts effects, as well as with the protection of people that are not, or not anymore, taking part of hostilities. Second, because respecting its rules during combats, according to Kant, may guarantee the conditions for future peace. For, this research unveils the discourse that associates the applicability of International Humanitarian Law to the permissive hypotheses of employment of armed force due to jus ad bellum. Then, after a general presentation of the main international documents on this subject-matter, it brings forth reasons that reveal the importance of constricting certain conducts during eventual hostilities. Finally, taking Kants idea of peace among republics, Hannah Arendts notion of public sphere, Chantal Mouffes project of radical and plural democracy and Jacques Derridas conception of hospitality, it points out some ways through which International Humanitarian Law can contribute to the evolution for a more peaceful society and to last longing peaceful times. The key to peace might be, then, in this permanent process of improvement of democracy and in the search of a cosmopolitan law that recognizes the importance of the other.

ASSUNTO(S)

direito direito internacional público direitos humanos direito internacional privado

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