The war on terror and the laws of war : a military perspective
Oxford [etc.] : Oxford University Press, 2015
p. 237-265 : ill.
This chapter addresses the challenges of communicating the laws of war to the combatants who are required to abide by them by examining some of the complex challenges faced by international humanitarian law (IHL) and its tactical implementation as well as how those challenges are overcome in the current environment. The author argues that for IHL to be effective on day-to-day operations for the military, particularly in the context of the US’ global war on terror, it must be successfully translated from words on paper into core beliefs and principles that alter behaviour on the battlefield. Moreover, this chapter addresses the challenges of bringing legal principles closer to an environment where the rapidity of the decision-making process might make the difference between life and death. In addition, it explores the recent developments in the conduct of battlefield operations with regards to improvements in air power through the use of drones and in artillery. By describing the process by which combatants internalize the law of armed conflict, this chapter offers suggestions about how law is best injected into the battlefield. [Summary by students at the International Criminal and Humanitarian Law Clinic, Laval University]