Article

Rethinking the divide between jus ad bellum and jus in bello in warfare against non[-]state actors

Eyal Benvenisti

• The Yale journal of international law, Vol. 34, no. 2, Summer 2009, p. 541-548

English

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The author undertakes to question the logic of the dichotomy by examining the growing influence of ad bellum considerations in assessing compliance with in bello obligations in the context of asymmetric warfare against nonstate actors. The insulations of jus in bello proportionality analysis from ad bellum considerations may prove at times to be more of a detriment than a contribution to the essential goals of the law.

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