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http://ssrn.com/abstract=2231168
 
 

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The Individualization of War: From War to Policing in the Regulation of Armed Conflicts


Gabriella Blum


Harvard Law School

March 10, 2013

Law and War, Sarat, Douglas, Umphrey eds., Stanford University Press, 2013

Abstract:     
In a celebrated humanitarian move, wartime regulation has evolved from a predominantly state-oriented set of obligations — which viewed war as an inter-collective effort — to a more individual-focused regime. In fact, the regulation of armed conflict increasingly resembles, at least in aspiration, the regulation of police activities, in which it is the welfare of individuals, rather than the collective interest of the state, that takes center stage.

I demonstrate that many contemporary debates over the laws of war, including the distinction between the jus ad bellum and jus in bello, proportionality, detention of combatants, and reparations for victims implicate exactly the tension between collectivism and individualism in the regulation of armed conflict.

I further argue that notwithstanding the humanitarian benefits of the move to greater concern over the human rights of those affected by war, reimagining war as a policing operation harbors real dangers that must not be overlooked. These include imagining more of policing as war, inhibiting military action for the protection of others, and inviting more aggressive acts “short of war” against targets around the world.

Number of Pages in PDF File: 36

Keywords: war, international humanitarian law, laws of war, police, proportionality, jus in bello, jus ad bellum, reparations, sovereignty, collectivism, cosmpolitanism, individualism, transnational policing, terrorism, counterterrorism, humanization

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Date posted: March 11, 2013 ; Last revised: October 13, 2013

Suggested Citation

Blum, Gabriella, The Individualization of War: From War to Policing in the Regulation of Armed Conflicts (March 10, 2013). Law and War, Sarat, Douglas, Umphrey eds., Stanford University Press, 2013. Available at SSRN: http://ssrn.com/abstract=2231168

Contact Information

Gabriella Blum (Contact Author)
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
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