The innocent combatant : preserving their jus in bello protections
Mark "Max" Maxwell, Richard V. Meyer
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Penn state journal of law & international affairs, Vol. 5, issue 1, 2017, p. 111-163
This article starts with a brief introduction to the core principles of the Just War Theory and use these to identify its fundamental goals. The first section examines the differences between privileged belligerents and civilians and highlights why the rights of privileged belligerents cannot tether to the concepts or goals of domestic criminal law. The second part of the article then examines five specific trends which are part and parcel to the pervasive wave against the use of force and the actual or potential cost to how Soldiers behave in conflict; that is, jus in bello. The authors ultimately conclude that until war itself is fully eliminated from the human experience, the lex specialis of jus in bello within the Just War Theory is pragmatically justified and a morally mandated duty of the international community of States to privileged belligerents.
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