To Kill or Not to Kill – the Use of Force against Legitimate Targets in Armed Conflicts
Wroclaw Review of Law, Administration & Economics, 8:2, 2018
15 Pages Posted: 27 Aug 2019
Date Written: 2018
The aim of this chapter is threefold. Firstly, it is to present arguments derived from the IHL norms against the existence of an obligation to use the least harmful method against legitimate targets in armed conflicts. Secondly, it is to assess the argumentation (also based on the IHL) in favour of the existence of an obligation to minimize force used against legitimate targets. In both cases, advantages and disadvantages of each of the solutions will be presented. Thirdly, it is to assess the possibility of using other regimes to solve the dispute between two above-mentioned approaches and find some “golden means”.
Keywords: international humanitarian law, law of war, law of armed conflicts, targeting, human rights law, lawful target
JEL Classification: K33
Suggested Citation: Suggested Citation