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Military, War, and Peace Commons

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Vanderbilt University Law School

2018

Targeting of persons

Articles 1 - 2 of 2

Full-Text Articles in Military, War, and Peace

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap, Jr. Jan 2018

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap, Jr.

Vanderbilt Journal of Transnational Law

The targeting of persons engages the most fundamental of all the norms in the law of war: the principle of distinction. Indeed, scholar Gary Solis calls it the "most significant battlefield concept a combatant must observe."' The rule itself is simple and direct: in its study of customary international humanitarian law, the International Committee of the Red Cross (ICRC) explains, "The parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians." Unlike some provisions of the law of war, the principle of distinction …


Fight, Forge, And Fund: Three Select Issues On Targeting Of Persons, Colonel Dr. Eran Shamir-Borer Jan 2018

Fight, Forge, And Fund: Three Select Issues On Targeting Of Persons, Colonel Dr. Eran Shamir-Borer

Vanderbilt Journal of Transnational Law

In this brief Article, I shall focus on a few specific issues that, in my mind, have particular relevance for contemporary and future armed conflicts, and with respect to which the debate is still ongoing: (a) the notion of "functional membership" in the armed forces of a non-state actor; (b) whether civilians employed in research and development projects qualify as direct participants in hostilities; and (c) whether civilians engaged in certain financial activities qualify as direct participants in hostilities.