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Controlling the Recourse to War by Modifying Jus in Bello
Yearbook of International Humanitarian Law, 2009AbstractAccording to a bedrock principle of international law, the rules regulating the recourse to war and the rules regulating conduct during war must be kept conceptually and legally distinct. The purported independence of the two domains – the ‘separation principle’ – remains unstable despite its historic pedigree.
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Underground Warfare and the Jus in Bello
2018This chapter focuses on the laws of war, a legal framework applicable to a broad array of war-time tunnel-related issues, including their legal status, the type of weapons that may be used inside tunnels, and precautions that must be taken vis-à-vis civilians during anti-tunnel operations.
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Applicability of Jus in Bello in Cyber Space
International Journal of Cyber Warfare and Terrorism, 2014Computer network attack as a method of warfare has been casting confusing mist upon the application of jus in bello in recent years. Observing that many states are implementing more and more aggressive cyber strategy, an examination of applicable law regulating cyber warfare becomes crucially important.
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Drones and the Principles of Jus in Bello
2016This chapter discusses three moral advantages of drones when they are evaluated using the jus in bello principles of discrimination and proportionality. First, because drones obviate the need to act in self-defense, they may be subjected to strict Rules of Engagement (ROE). Second, drones lower the costs of acting with restraint.
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Jus Ad Bellum, Jus in Bello and Non-International Armed Conflicts
Yearbook of International Humanitarian Law, 2003Of all the calamities that can befall a people or a state, civil war has always been considered one of the worst. Setting son against father, brother against brother and neighbour against neighbour, civil war is a merciless struggle that is not limited to the clash of armed forces.
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A Theory of Jus in Bello Proportionality
2017The chapter argues that an attack that inflicts harm on civilians is proportionate only if it prevents the opposing party from inflicting substantially greater harm on the attacking force or civilians in current or future military operations. This account does not compare incommensurable values, only immediate losses to civilians and future losses to ...
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Cyberspace Operations, Stuxnet, Jus ad Bellum and Jus in Bello
2013Abstract : Air Force Doctrine Document 3-12 defines cyberspace as a global domain within the information environment consisting of the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, and embedded processors and controllers. Cyberspace attacks are on the rise.
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