2) Existing LOAC
obligates military commanders making targeting decisions to consider the cascading and multiplying effects of explosive weapons on civilian populations when critical infrastructure such as power, water, sewage, and hospitals is concerned.
111) Although Professor Koh did not engage in detailed legal analysis, he identified the two bases under international law for drone strikes: the LOAC
and the law of self-defense.
See Milanovic, supra note 28, at 178; Robert Chesney, Transatlantic Dialogue on International Law and Armed Conflict: When Does LOAC
Cease to Apply?
that warriors have the assurance that, assuming they follow the LOAC
This article examines how the IDF applies the LOAC
rules of targeting.
The assistance being provided disproportional to the conflict and based on independent course of actions, which is not subject to the LOAC
, cannot be justified as an act of war.
action has influenced the LOAC
treaty development and implementation
24) In sum, the non-recognition of the combatant privilege on the part of rebel fighters--and, in particular, their exposure to heavy sentences solely on the basis of their taking part in the armed conflict--greatly reduces their incentive to comply with LOAC
Applying the LOAC
to hostile cyber acts may cause un-necessary concern among lawyers and unnecessary hesitancy among commanders.
Comment: Moreover, from application of Precepts II and IV above, the use of such an artifact is not merely legally permissible, but morally required, whenever its performance promises both reduced risk to human agents and enhanced compliance with LOAC
theory and LOAC
, (6) it is not surprising that many military academies
This has long provided a center of gravity for the legal debate surrounding the law of counterterrorism, ensuring that there is at least some setting in which LOAC
authorities relating to detention and lethal force apply.