Empirical approaches to the international law of war
Moderator: Aaron Fellmeth; and panelist: Richard Jackson
Host item entries:
Willamette journal of international law and dispute resolution, Vol. 16, no. 2, 2008, p. 386-395
The panelist talks about today empirical approach to targeting and evaluating the proportionality test under the law of war. He disagrees with the idea that there should be a rule that if there is more than a three-to-one ratio of civilians to combatant deaths it is a per se law of war violation. Empirical approaches to targeting are a valuable tool for the development of policy approaches and techniques, tactics, and procedures for targeting in armed conflict. They should be, and are currently, an essential part of current U.S. military doctrine, but they have no business being integrated into the legal analysis.