42) However, even if a troop-contributing nation has determined that the operation should be classified as an armed conflict, there is disagreement among troop-contributing nations as to whether human rights law applies concurrently with the law of armed conflict
or whether human rights law is displaced by the law of armed conflict
Unlike the international law of armed conflict
, the international law of self-defense permits states to use force only to respond to an armed attack or to prevent an imminent armed attack, and the use of force in self-defense must be both necessary and proportionate to achieving these ends.
While no Law of Armed Conflict
treaty defines this concept, its inherent lawfulness is implicit in treaties referencing the concept.
To preempt the possibility of undermining efforts to humanize warfare, the international community must recognize that questions concerning the effectiveness and practicality of the Law of Armed Conflict
are increasing as the hybridization of warfare becomes the new norm.
A subtle change in the characterization of the legal rule completely changes the legality of a State's actions within the law of armed conflict
Critics of this approach have argued that human rights tribunals lack competence in the law of armed conflict
, as demonstrated by the fact that they apply HRL proportionality without acknowledging the resulting tensions with IHL.
It effectively shifts responsibility for civilian losses away from terrorists who deliberately violate the law of armed conflict
by operating in civilian areas and onto the states fighting them.
Maybe we need to program robotic systems with rules of engagement that reflect the Law of Armed Conflict
Even before the Abu Ghraib catastrophe unfolded in 2004, experts in international human rights and the law of armed conflict
had begun a rich discussion in the literature on the legal status of detained irregular combatants (Dormann, 2003: 45; Jinks, 2004: 367).
The roadmap stated: "Because the DoD complies with the Law of Armed Conflict
, there are many issues requiring resolution associated with employment of weapons by an unmanned system.
The Juridical Status of Irregular Combatants under the International Humanitarian Law of Armed Conflict
In PCATI, the court held that terrorists are civilians under the law of armed conflict
and thus are lawfully subject to attack only when they directly participate in hostilities.
The pilot who opened fire did so with disregard for the rules of engagement and acting outside the protection of the law of armed conflict
Mr Walker said: "The pilot who opened fire did so with disregard for the rules of engagement and acting outside the protection of the law of armed conflict
ambassador-at-large for war crimes issues, where he implemented policies relating to international criminal law and the law of armed conflict