In spite all the efforts made by pundits and policy-makers nowadays, the article intends to show how the concepts of jus in bello and jus ad bellum have been misjudged and misinterpreted along its own consolidation in our juridical thought. We also believe they deserve a new approach opened by Foucault´s point of view. In doing so, the issues of sovereignty, war and peace are all reviewed before a genealogical approach which opens us a different window to access the new themes of political agenda, such as responsibility to protect, non-intervention and self-determination
Keywords soberania – jus in bello – jus ad bellum – Foucault.  sovereignty – jus in bello – jus ad bellum – Foucault
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