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 and ROEs.
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.
