Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Doctrine of Double Effect (1)
- Dolus eventualis (1)
- Drones (1)
- Duty to capture (1)
- ICL (1)
-
- IHL (1)
- IHRL (1)
- International criminal law (1)
- International human rights law (1)
- Jus in bello (1)
- Non-state actors (1)
- Principle of Distinction (1)
- Principle of Proportionality (1)
- Principle of distinction (1)
- Principle of proportionality (1)
- Privilege of combatancy (1)
- Targeted killing (1)
- Targeted killings (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Cornell Law Faculty Publications
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …
The Duty To Capture, Jens David Ohlin
The Duty To Capture, Jens David Ohlin
Cornell Law Faculty Publications
The duty to capture stands at the fault line between competing legal regimes that might govern targeted killings. If human rights law and domestic law enforcement procedures govern these killings, the duty to attempt capture prior to lethal force represents a cardinal rule that is systematically violated by these operations. On the other hand, if the Law of War applies then the duty to capture is fundamentally inconsistent with the summary killing already sanctioned by jus in bello. The following Article examines the duty to capture and the divergent approaches that each legal regime takes to this normative requirement, and …
Is Jus In Bello In Crisis?, Jens David Ohlin
Is Jus In Bello In Crisis?, Jens David Ohlin
Cornell Law Faculty Publications
It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …