Reimagining IHL Principles Part I: The Wrong Principles
| Authors | |
|---|---|
| Publication date | 08-12-2020 |
| Publisher | Articles of War - Lieber Institute |
| Organisations |
|
| Abstract | Part I of this BLOG post suggests that most of the principles of IHL used by States like the Netherlands are not actually principles, but norms of different characters. Military necessity, humanity, and chivalry should be re-categorized as foundations, not principles. Proportionality should be seen as a rule rather than a principle. To reach this conclusion, it is necessary to define the term “IHL principle” by introducing a useful taxonomy of IHL norms: foundations, principles, and rules. |
| Document type | Web publication or website |
| Language | English |
| Related publication | Reimagining IHL Principles Part II: A New Framework |
| Published at | https://lieber.westpoint.edu/reimagining-ihl-principles-part-i-wrong-principles/ |
| Downloads |
lieber.westpoint.edu-Reimagining IHL Principles Part I The Wrong Principles
(Final published version)
|
| Permalink to this page | |