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Analogy At War: Proportionality, Equality And The Law Of Targeting, Gregor Noll
Analogy At War: Proportionality, Equality And The Law Of Targeting, Gregor Noll
Gregor Noll
This text is an inquiry into how the international community is understood in and through international law. My prism for this inquiry shall be the principle of proportionality in international humanitarian law, relating expected civilian losses to anticipated military advantage. To properly understand proportionality, I have to revert to the structure of analogical thinking in the thomistic tradition. Proportionality presupposes a third element to which civilian losses and military advantage can be related. In a first reading, I develop how this tradition of thought might explain the difficulties contemporary IHL doctrine has in understanding proportionality. If military commanders misconceive the …
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.