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Full-Text Articles in Legal History
On War As Law And Law As War, Ignacio De La Rasilla Del Moral, Francisco Contreras
On War As Law And Law As War, Ignacio De La Rasilla Del Moral, Francisco Contreras
Ignacio de la Rasilla del Moral, Ph.D.
A locus classicus of international law, the study of the regulation of the legality of the use of force has an unavoidable ring of tragic fanciness about it. War, as acknowledged by David Kennedy in the very first sentence of his book, is indeed ‘a profound topic – like truth, love, death or the divine’. A Pandora's box of multiple distilled intellectual emotions behind which lurk the horrid memories of its survivors, war only truly breathes in the mirrors of the mutilated, in the eyes of the tortured, in the memories of the displaced, in withering flowers over graves crowned, …
Sacrificial Violence And Targeting In International Humanitarian Law, Gregor Noll
Sacrificial Violence And Targeting In International Humanitarian Law, Gregor Noll
Gregor Noll
Drawing on the work of René Girard, his text inquires into incidental and lawful losses of civilians in the regulation of international humanitarian law as part of a symbolic order restraining violent conflict within communities. First, I inquire into central norms on targeting in IHL, explaining their internal inconsistencies. Second, I try to show that these inconsistencies can be explaining by applying Girard's theory on sacrificial violence.