To Kill or Not to Kill - the Use of Force against Legitimate Targets in Armed Conflicts

Grzebyk, Patrycja

doi:10.1515/wrlae-2018-0051

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The Momentum For the Balancing Exercise1

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2019

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“…An example that best illustrates this problem is the concept of "least harmful means", which according to Grzebyk (2019) divided law experts into two factions: the "capture faction" (e.g. R. Goodman, J. Pictet, A. Szpak) and the "kill faction" (e.g.…”

Section: The Momentum For the Balancing Exercisementioning

confidence: 99%

The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

Kowalczewska¹

2019

ppsy20193

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This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.

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Section: The Momentum For the Balancing Exercisementioning

confidence: 99%

The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

Kowalczewska¹

2019

ppsy20193

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show abstract

To Kill or Not to Kill - the Use of Force against Legitimate Targets in Armed Conflicts

Abstract: 13 Ohlin rightly stress that in case of civilians taking part in hostilities there are no different rules concerning capture in comparison to those applied to combatants. Ohlin (n 5) 1308. 14 Ohlin (n 5) 1301.

Cited by 1 publication

References 20 publications

The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

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