TY - JOUR
T1 - THE BIRTH and LIFE of the DEFINITION of MILITARY OBJECTIVES
AU - Benvenisti, Eyal
N1 - Publisher Copyright:
Copyright © The Author(s), 2022. Published by Cambridge University Press for the British Institute of International and Comparative Law.
PY - 2022/4/1
Y1 - 2022/4/1
N2 - The forgotten story of the birth and life of the definition of 'military objectives' is relevant to the ongoing discussion about the need to adapt the law to asymmetric warfare. This definition, authored by a West German law professor and former member of the Nazi party, was driven by a Western effort to privilege regular armies while curbing the actions of guerrilla fighters and exposing their civilian supporters to harm. The Non-Aligned Movement turned the tide by burdening regular armies while exempting irregular combatants from the consequences of disregarding the law. It was only through judicial intervention - grounded in an imagined history of the linear progress of humanity - that civilians on both sides of asymmetric conflicts would ultimately become entitled to receive adequate protection.
AB - The forgotten story of the birth and life of the definition of 'military objectives' is relevant to the ongoing discussion about the need to adapt the law to asymmetric warfare. This definition, authored by a West German law professor and former member of the Nazi party, was driven by a Western effort to privilege regular armies while curbing the actions of guerrilla fighters and exposing their civilian supporters to harm. The Non-Aligned Movement turned the tide by burdening regular armies while exempting irregular combatants from the consequences of disregarding the law. It was only through judicial intervention - grounded in an imagined history of the linear progress of humanity - that civilians on both sides of asymmetric conflicts would ultimately become entitled to receive adequate protection.
KW - Institut de Droit International
KW - asymmetric warfare
KW - guerrilla warfare
KW - international humanitarian law
KW - military objectives
KW - public international law
KW - the principle of distinction
UR - http://www.scopus.com/inward/record.url?scp=85131737238&partnerID=8YFLogxK
U2 - 10.1017/S0020589322000100
DO - 10.1017/S0020589322000100
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AN - SCOPUS:85131737238
SN - 0020-5893
VL - 71
SP - 269
EP - 295
JO - International and Comparative Law Quarterly
JF - International and Comparative Law Quarterly
IS - 2
ER -