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Which law applies to armed conflict? This book investigates the
applicability of international humanitarian law and international
human rights law to armed conflict situations. The issue is
examined by three scholars whose professional, theoretical, and
methodological backgrounds and outlooks differ greatly. These
multiple perspectives expose the political factors and intellectual
styles that influence scholarly approaches and legal answers, and
the unique trialogical format encourages its participants to
decenter their perspectives. By focussing on the authors'
divergence and disagreement, a richer understanding of the law
applicable to armed conflict is achieved. The book, firstly,
provides a detailed study of the law applicable to armed conflict
situations. Secondly, it explores the regimes' interrelation and
the legal techniques for their coordination and prevention of
potential norm conflicts. Thirdly, the book moves beyond the
positive analysis of the law and probes the normative principles
that guide the interpretation, application and development of law.
Based on an innovative theory of international law, Janina Dill's
book investigates the effectiveness of international humanitarian
law (IHL) in regulating the conduct of warfare. Through a
comprehensive examination of the IHL defining a legitimate target
of attack, Dill reveals a controversy among legal and military
professionals about the 'logic' according to which belligerents
ought to balance humanitarian and military imperatives: the logics
of sufficiency or efficiency. Law prescribes the former, but
increased recourse to international law in US air warfare has led
to targeting in accordance with the logic of efficiency. The logic
of sufficiency is morally less problematic, yet neither logic
satisfies contemporary expectations of effective IHL or legitimate
warfare. Those expectations demand that hostilities follow a logic
of liability, which proves impracticable. This book proposes
changes to international law, but concludes that according to
widely shared normative beliefs, on the twenty-first-century
battlefield there are no truly legitimate targets.
Based on an innovative theory of international law, Janina Dill's
book investigates the effectiveness of international humanitarian
law (IHL) in regulating the conduct of warfare. Through a
comprehensive examination of the IHL defining a legitimate target
of attack, Dill reveals a controversy among legal and military
professionals about the 'logic' according to which belligerents
ought to balance humanitarian and military imperatives: the logics
of sufficiency or efficiency. Law prescribes the former, but
increased recourse to international law in US air warfare has led
to targeting in accordance with the logic of efficiency. The logic
of sufficiency is morally less problematic, yet neither logic
satisfies contemporary expectations of effective IHL or legitimate
warfare. Those expectations demand that hostilities follow a logic
of liability, which proves impracticable. This book proposes
changes to international law, but concludes that according to
widely shared normative beliefs, on the twenty-first-century
battlefield there are no truly legitimate targets.
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