Un-/Acceptable Area Effects? Assessing Risk of Civilian Harm from the Use of Explosive Weapons in Populated Areas in Three Cases Before the ICTY

B. De Vidts and G. L. Beruto (Eds), Weapons and the International Rule of Law, 39th Round Table on Current Issues of International Humanitarian Law, pp 167-185

20 Pages Posted: 4 Aug 2017

See all articles by Maya Brehm

Maya Brehm

Article 36; Geneva Academy of International Humanitarian Law and Human Rights

Date Written: September 1, 2016

Abstract

The case discussion shows that views diverge among legal and military practitioners about where the line against wide area effects of explosive weapons should be drawn. The ‘200m-Standard’ proposed by the ICTY Trial Chamber in Gotovina is controversial. The discussion also shows, however, that practitioners and judges routinely use a variety of measures, including metrics, to assess the acceptability, respectively, the permissibility, of risk of civilian harm from explosive weapons. Such metrics can support the articulation of a more widely shared and concrete, normative standard against which practices of explosive violence can be judged with a view to enhancing the protection of civilians and increasing legal certainty.

Keywords: EWIPA, IHL, ICTY, Weaponeering

Suggested Citation

Brehm, Maya, Un-/Acceptable Area Effects? Assessing Risk of Civilian Harm from the Use of Explosive Weapons in Populated Areas in Three Cases Before the ICTY (September 1, 2016). B. De Vidts and G. L. Beruto (Eds), Weapons and the International Rule of Law, 39th Round Table on Current Issues of International Humanitarian Law, pp 167-185, Available at SSRN: https://ssrn.com/abstract=3012110

Maya Brehm (Contact Author)

Article 36 ( email )

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Geneva Academy of International Humanitarian Law and Human Rights ( email )

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