Controlling the use of power in the shadows : challenges in the application of jus in bello to clandestine and unconventional warfare activities
Todd C. Huntley and Andrew D. Levitz
Host item entries:
Harvard national security journal, Vol. 5, issue 2, 2014, p. 461-512
This Article sheds some light on only a small fraction of the use of power in the shadows, that being the application of jus in bello to a state’s use of surrogates to conduct clandestine and unconventional warcraft activities. It examines the status of surrogates under the law of armed conflict, including an analysis of whether surrogates are combatants entitled to the combatant’s privilege or if, and under what circumstances, they lose that protection. This Article also examines when surrogates who are members of an organized armed group could be targeted with armed force. Lastly, the Article looks at the jus in bello principle that presents the greatest challenges of application to clandestine and UW activities: distinction.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more