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

See all articles by Patrycja Grzebyk

Patrycja Grzebyk

University of Warsaw - Faculty of Journalism and Political Studies

Date Written: 2018

Abstract

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

Grzebyk, Patrycja, To Kill or Not to Kill – the Use of Force against Legitimate Targets in Armed Conflicts (2018). Wroclaw Review of Law, Administration & Economics, 8:2, 2018, Available at SSRN: https://ssrn.com/abstract=3442129

Patrycja Grzebyk (Contact Author)

University of Warsaw - Faculty of Journalism and Political Studies ( email )

Krakowskie Przedmieście 3
Warsaw, 00-927
Poland

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