국제인도법의 역사적 배경 - 기사도 정신을 중심으로 -

The current international law system regulates war and the humanitarian spirit as the most important principle. Why did international legal systems restrict and regulate war? There are many ways to answer these fundamental questions. However, this paper attempts to take a historical study of why such a system was created. Taking a historical approach, one cannot overlook the presence of religious factors. Previous studies on the relationship between war and religion also emphasized the Christian theological aspects of Just War Theory. In particular, the main focus of recent studies was on the legitimacy of the beginning of the war, the “jus ad bellum.” However, the study of the religious influence of the “jus in bello” was relatively of little interest. Today war cannot be commenced unless the resolution of the Security Council according to Chapter VII of the UN Charter, or the exercise of self-defense in Article 51 of the Charter. Thus, while there are still legal issues related to the initiation of a war, such as R2P, the scope of international humanitarian law is dominated by jus in bello. Despite this importance, there is a lack of explanation as to why the current international humanitarian law system has become such as this. This paper discusses the principle of proportionality, the principle of differentiation, prisoners of war, and arms prohibitions among the rules and principles within the broader international humanitarian law system. In this article, I will point out that there is chivalry in the relationship between the law of war and religion.