Introduction - Role of the Laws of War 2

Dinstein and Megret 2

Sources of IHL 2

ICJ Statute Art. 38 2

Note on citations:

For treaties, I have used an abbreviation, followed by a period and the article number. Thus Geneva Convention IV, Article 42 becomes “GC4.42.” Article 2 Common to the Geneva Conventions becomes GC.CA2. The Hague Regulations are HR, and the Protocols Additional to the Geneva Conventions are AP1 & AP2.

Citations in the form “HB000” refer to section numbers in Fleck, The Handbook of International Humanitarian Law (3rd ed.).

I’ve also cited certain academic articles, commentaries and government documents:

ILA-Sydney refers to the International Law Association’s 2018 Sydney Conference Report on the Use of Force.

Sassòli refers to Marco Sassòli’s 2015 article “Combatants” in the Max Planck Encyclopedia of Public International Law.

DoD refers to the US Department of Defense Law of War Manual (Dec. 2016 Update).

ICRC guidance on civilians directly participating in hostilities refers to Nils Melzer (ICRC) Interpretive Guidance (2009).

Lubell refers to Noam Lubell, “Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups” 93 International Legal Studies 215 (2017).

Introduction - Role of the Laws of War

Dinstein and Megret

Dinstein, Concluding Remarks: LOAC and Attempts to Abuse or Subvert It

• Lawfare: Barbarians (rogue states and actors) have weaponized IHL - they know them but refuse to use law themselves, using media and propaganda to turn the public against legitimate followers of LOW

  • Civilized could refer to party to war willing to curtail its means of warfare, versus a side that doesn't play by IHL. Also implies racial/ethnic divisions, veiled colonial language.

  • Argument is attractive to states under attack from terrorists/NSAGs because it can justify greater use of force, non-compliance with IHL, and declining to negotiate or seek understanding.

  • There is no accountability or mutual obligation between state and terrorist groups. Enemy is not legitimate.

• Human rights-niks are trying to shift LOAC to human rights realm, and this will lead to lawlessness

  • Human rights do not apply to armed conflict. The choice isn't between LOAC and human...

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