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Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington
Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington
Matthew Hoisington
This article addresses the instrumentalization of international humanitarian law (IHL) and the Islamic jus in bello for the purposes of targeting. It begins with an examination of the radical innovations in the Islamic jus in bello that resulted in its instrumentalization by al Qaeda and other Islamic armed groups in the name of jihad. It then addresses the key legal arguments of the U.S.-led response, particularly in the post-9/11 period. Finally, it offers a critical appraisal of the use of targeting rules to justify killing by both sides. The conclusion summarizes the argument and comments on the dangers of legal …