The Legal Battle to Define the Law on Transnational Asymmetric Warfare

21 Pages Posted: 5 Aug 2012

See all articles by Eyal Benvenisti

Eyal Benvenisti

University of Cambridge - Lauterpacht Centre for International Law

Date Written: 2010

Abstract

This essay describes the emerging legal battleground between states engaged in transnational armed conflict and the role of third parties — courts, international institutions, NGOs, and civil society — in developing and enforcing the law. This legal conflict has led to the formation of two opposing “camps” within the community of legal scholars and practitioners: the “IHL camp” which emphasizes the protection of non-combatants and the obligation to limit harm to combatants, and the “LOAC camp,” that wishes to point out that the Law of Armed Conflict is primarily designed to regulate the relations between fighting armies engaged in mutual destruction. The essay delineates the fundamental cleavage that exists between these two visions and explores its ramifications with respect to questions such as the legality of targeted killing and the scope of judicial review of military discretion.

Keywords: Human Rights & the Global Economy eJournal, Public International Law eJournal, National Security & Foreign Relations Law eJournal

Suggested Citation

Benvenisti, Eyal, The Legal Battle to Define the Law on Transnational Asymmetric Warfare (2010). Duke Journal of Comparative & International Law, Vol. 20, p. 339, 2010. Available at SSRN: https://ssrn.com/abstract=2123880

Eyal Benvenisti (Contact Author)

University of Cambridge - Lauterpacht Centre for International Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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