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Is it legal to kill, or capture and confine, someone in war? Is
this relevant or wise to ask in the reality of war? What does
'legal' actually mean in the labyrinth of overlapping international
laws? This volume explores the meaning, relevance, and wisdom of
questioning the 'legality' of the use of force against individuals
in war by reconnecting legal thought with the social world. Weaving
together law, social theories, and actual practices, the book
presents an interdisciplinary study of the laws regulating warfare.
The Use of Force against Individuals in War under International Law
uncovers different conceptions of 'legality' that generate tensions
among different international laws regulating warfare and
highlights the limits of legal techniques in addressing these
tensions. Accepting these tensions serves not to denigrate the law
itself but to invite a deeper level of engagement with it - through
the lens of social theories. Drawing on the insight that every
social action results from an interaction between human agency and
social structures, this publication argues that in regulating
warfare, one distinct body of international law, the law of armed
conflicts, accommodates the diminished agency of human beings
operating in highly structured conditions while other bodies of
international law harbour the potential to transform these very
structured conditions. Thus, assimilating these laws, whether in
court or real-world practices, fundamentally conflates their
underlying social ontologies.
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