Military Targeting in the Context of Self-Defence Actions

2015 ◽  
Vol 84 (1) ◽  
pp. 3-28 ◽  
Author(s):  
James A. Green ◽  
Christopher P.M. Waters
Keyword(s):  
Target Selection ◽  
Jus In Bello ◽  
Customary International Law ◽  
Jus Ad Bellum ◽  
Conceptual Clarity ◽  
Starting Point ◽  
Definition Of ◽  
The Relationship ◽  
Self Defence ◽  
Selection Of

For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.

The Relationship between Jus Ad Bellum and Jus In Bello

2016 ◽  
Author(s):  
Okimoto Keichiro
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Expert Opinions ◽  
Legal Implications ◽  
Law Of Armed Conflict ◽  
The Relationship ◽  
Self Defence

This chapter discusses the relationship between jus ad bellum (international law regulating the resort to force) and jus in bello (law of armed conflict). It examines state practice, international decisions, and expert opinions to determine how the relationship has been addressed in practice. The chapter considers the question of whether jus in bello applies equally to the unlawful and lawful parties to an armed conflict before turning to the legal implications of the cumulative requirements of the law of self-defence and international humanitarian law (IHL) imposed on a use of force in self-defence. Finally, it considers the legal implications of the concurrent application of Chapter VII of the UN Charter and IHL with respect to use authorized under Chapter VII.

Proportionality under Jus ad Bellum and Jus in Bello: Clarifying their Relationship

2012 ◽  
Vol 45 (1) ◽  
pp. 107-124 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Case Law ◽  
Military Operations ◽  
Military Operation ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Literature ◽  
State Practice ◽  
The Individual ◽  
The Military ◽  
The Relationship

Proportionality is a condition provided under both jus ad bellum and jus in bello. Based on a particular interpretation of state practice and international case law, recent legal literature argues that the two notions of proportionality are interrelated in that proportionality under jus in bello is included in the assessment of proportionality under jus ad bellum. This article seeks to refute such a position and, more generally, to clarify the relationship between the two notions of proportionality.The main argument of the article is in line with the traditional position regarding the relationship between jus ad bellum and jus in bello. It is argued that, although sharing common features and being somewhat interconnected, the notions of proportionality provided under these two separate branches of international law remain independent of each other, mainly because of what is referred to in this article as the ‘general versus particular’ dichotomy, which characterises their relations. Proportionality under jus ad bellum is to be measured against the military operation as a whole, whereas proportionality under jus in bello is to be assessed against individual military attacks launched in the framework of this operation.This article nonetheless emphasises the risk of overlap between the assessments of the two notions of proportionality when the use of force involves only one or a few military operations. Indeed, in such situations, the ‘general versus particular’ dichotomy, which normally enables one to make a distinct assessment between the two notions of proportionality, is no longer applicable since it becomes impossible to distinguish between the military operation as a whole and the individual military attacks undertaken during this operation.

On the Very Idea of Civilisation

2021 ◽  
Vol 31 (2) ◽  
pp. 307-321
Author(s):  
Luke O’Sullivan ◽  
Keyword(s):  
Technological Development ◽  
Thomas Hobbes ◽  
Alternative Definition ◽  
Starting Point ◽  
Western Imperialism ◽  
Clash Of Civilisations ◽  
Definition Of ◽  
Contemporary Liberalism ◽  
Relationship Of ◽  
The Relationship

The concept of civilisation is a controversial one because it is unavoidably normative in its implications. Its historical associations with the effort of Western imperialism to impose substantive conditions of life have made it difficult for contemporary liberalism to find a definition of “civilization” that can be reconciled with progressive discourse that seeks to avoid exclusions of various kinds. But because we lack a way of identifying what is peculiar to the relationship of civilisation that avoids the problem of domination, it has tended to be conflated with other ideas. Taking Samuel Huntington's idea of a “Clash of Civilisations” as a starting point, this article argues that we suffer from a widespread confusion of civilisation with “culture,” and that we also confuse it with other ideas including modernity and technological development. Drawing on Thomas Hobbes, the essay proposes an alternative definition of civilisation as the existence of limits on how we may treat others.

The Great War and International Law: German Justifications of Prevention and Pre-emptive Self-Defence

2021 ◽  
pp. 183-206
Author(s):  
Isabel V. Hull
Keyword(s):  
International Law ◽  
Military Leaders ◽  
Customary International Law ◽  
Preventive War ◽  
Early Modernity ◽  
European State ◽  
Jus Ad Bellum ◽  
The Great War ◽  
Self Defence

Isabel V. Hull uses the German declarations of war in 1914 to examine three issues: 1) the role of customary international law (CIL) in statesmen’s decision to go to war (using Germany as an example); 2) the assumptions that state actors held a jus ad bellum; and, especially, 3) how they distinguished self-defence, prevention, pre-emption, and aggression. Hull uses not the claims of jurists, but the arguments and actions of civilian and military leaders, i.e. those who actually made the decisions for war. With this, she continues Anuschka Tischer’s and Hendrik Simon’s examination of the question whether there was a transformation of war discourses in (early) modernity that led to overcoming the need to justify war. The chapter confirms that, even as Germany began a ‘preventive war’, the European state consensus held that, on the continent, preventive war was illegal, pre-emptive war was severely restrained, and genuine self-defence – meaning both fending off armed attack against one’s territory, independence, or sovereignty, and defending the treaty-structure that guaranteed the inter-state order – was the only justification for war acceptable to the community of states.

Revolution and After

October ◽  
2016 ◽  
Vol 158 ◽  
pp. 126-154
Author(s):  
Stephanie Schwartz
Keyword(s):  
White Male ◽  
Starting Point ◽  
The Relationship ◽  
Selection Of

In 1988, the Cuban collective ABTV engaged in its first of several acts of art-historical homage. ABTV (Tanya Angulo, Juan Pablo Ballester, José Ángel Toirac, and Illeana Villazón) photocopied reproductions of Sherrie Levine's After Series, the now canonical work of postmodernism in which Levine rephotographed reproductions of selection of photographs by America's white male modernist masters. This essay takes ABTV's homage as the starting point for an inquiry into the relationship between postmodernism and postcolonialism. How, it asks, has an obsession with “ends” shaped our histories of photography and revolution?

Terrorism, Civil War, and Insurgency

2019 ◽  
pp. 347-365
Author(s):  
Jessica A. Stanton
Keyword(s):  
Civil War ◽  
Civil Wars ◽  
Domestic Terrorism ◽  
Rebel Groups ◽  
Conceptual Clarity ◽  
Terrorist Groups ◽  
Research Findings ◽  
Causes Of Violence ◽  
Definition Of ◽  
The Relationship

Much of the terrorism occurring worldwide is domestic terrorism carried out by rebel groups fighting in civil wars. However, many are reluctant to categorize domestic insurgencies as terrorist groups or to identify the tactics used by domestic insurgencies as terrorist tactics. Through a survey of the literature addressing the relationship between terrorism and civil war, I contend that research on the dynamics of violence in civil war would benefit from a more standardized definition of the concept of terrorism as well as greater consensus on how the concept of terrorism ought to be used in relation to the concept of civilian targeting. The lack of conceptual clarity in distinguishing between terrorism and civilian targeting makes it difficult to compare research findings, and thus to make progress as a field in our understanding of the causes of violence and its consequences. Despite the challenges associated with making comparisons across studies, this chapter attempts to do precisely this, drawing on research on terrorism as well as research on civilian targeting to develop insights on the causes and consequences of terrorist violence employed in the context of civil war.

scholarly journals In my remembered country: what poetry tells us about the changing perceptions of volcanoes between the nineteenth and twenty-first centuries

2020 ◽  
Vol 3 (1) ◽  
pp. 73-87
Author(s):  
Arianna Soldati ◽  
Sam Illingworth
Keyword(s):  
English Language ◽  
Qualitative Content Analysis ◽  
Research Question ◽  
Human Perception ◽  
Time Frame ◽  
Negative Events ◽  
Culturally Appropriate ◽  
Definition Of ◽  
The Relationship ◽  
Selection Of

Abstract. In this study we investigate what poetry written about volcanoes from the 1800s to the present day reveals about the relationship between volcanoes and the societies and times represented by poets who wrote about them, including how it evolved over that time frame. In order to address this research question, we conducted a qualitative content analysis of a selection of 34 English-language poems written about human–volcano interactions. Firstly, we identified the overall connotation of each poem. Then, we recognised specific emerging themes and grouped them in categories. Additionally, we performed a quantitative analysis of the frequency with which each category occurs throughout the decades of the dataset. This analysis reveals that a spiritual element is often present in poetry about volcanoes, transcending both the creative and destructive power that they exert. Furthermore, the human–volcano relationship is especially centred around the sense of identity that volcanoes provide to humans, which may follow from both positive and negative events. These results highlight the suitability of poetry as a means to explore the human perception of geologic phenomena. Additionally, our findings may be relevant to the definition of culturally appropriate communication strategies with communities living near active volcanoes.

scholarly journals Artificial moral agents: an intercultural perspective

2007 ◽  
Vol 7 ◽  
pp. 129-134
Author(s):  
Michael Nagenborg
Keyword(s):  
Poor Countries ◽  
Moral Agents ◽  
Artificial Moral Agents ◽  
Starting Point ◽  
Different Types ◽  
Good Starting Point ◽  
Cultural Dialogue ◽  
Definition Of ◽  
The Impact ◽  
The Relationship

In this paper I will argue that artificial moral agents (AMAs) are a fitting subject of intercultural information ethics because of the impact they may have on the relationship between information rich and information poor countries. I will give a limiting definition of AMAs first, and discuss two different types of AMAs with different implications from an intercultural perspective. While AMAs following preset rules might raise con-cerns about digital imperialism, AMAs being able to adjust to their user‘s behavior will lead us to the question what makes an AMA ?moral?? I will argue that this question does present a good starting point for an inter-cultural dialogue which might be helpful to overcome the notion of Africa as a mere victim.

Consumption

Sociology ◽  
2013 ◽  
Author(s):  
Ian Woodward
Keyword(s):  
Cultural Change ◽  
Cultural Learning ◽  
Over The Counter ◽  
Emotional Factors ◽  
Sociological Inquiry ◽  
Starting Point ◽  
The Moment ◽  
Definition Of ◽  
Sociology Of Consumption ◽  
Selection Of

A rudimentary definition of consumption emphasizes the purchase and use of goods or services, noting that the point of expenditure on such items and the instant of their usage constitute the act of consumption. This understanding of consumption reflects a utilitarian, economic approach to consumption that should be seen as a starting point, since the range of theoretical and empirical innovations within the field of consumption studies—which exists within sociology, as well as having disciplinary expressions within anthropology, history, geography, business, and marketing studies—has established an understanding of consumption as a complex, widespread process. “The Sociology of Consumption” by Colin Campbell in Daniel Miller, ed., Acknowledging Consumption: A Review of New Studies (London: Routledge, 1995) adds a number of other stages to this basic definition of consumption. Campbell states that consumption involves not just purchasing or using a good or service but also selecting it, maintaining it, possibly repairing it, and ultimately, disposing of it in some way. Within each of these stages there are a number of complex subprocesses that consumption studies scholars have increasingly paid attention to. For example, the selection of goods is sometimes undertaken largely subconsciously or automatically but also based upon various social norms, cultural learning, emotional factors, prejudices, facets of identity, taste, or style. Likewise, disposing of a good may mean literally throwing it away, or it may mean reselling it, donating it, or passing it on to others. Campbell’s definition usefully shows how consumption is a process over time that fuses practical, emotional, material, and economic factors, rather than merely the moment when a person pays for something over the counter. In many ways, this broader understanding of consumption points to a range of innovations within the field that have occurred in the last few decades, which in turn direct us to broader changes in patterns of sociological inquiry. Questions of labor, industry, production units, social, legal, and economic institutions, technology, and social class were the core stuff of social inquiry through much of the 20th century. In mainstream sociology, consumption was for most of the discipline’s history simply not a relevant analytic category, which explains why for much of sociology’s history consumption was understood through theories of capitalist production. However, in the last few decades researchers have increasingly situated practices of consumption and a consumerist ethic as central for understanding broader social and cultural change, impacting on the way sociologists have conceptualized such diverse areas of social change as cultural and economic inequality, urban and spatial development, identity and selfhood, gender relations and performativity, media, and advertising.

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