Pillars not Principles: The Status of Humanity and Military Necessity in the Law of Armed Conflict

@article{Winter2020PillarsNP,
  title={Pillars not Principles: The Status of Humanity and Military Necessity in the Law of Armed Conflict},
  author={Elliot Winter},
  journal={Journal of Conflict and Security Law},
  year={2020},
  volume={25},
  pages={1-31}
}
  • E. Winter
  • Published 1 April 2020
  • Political Science
  • Journal of Conflict and Security Law
Humanity and military necessity are often said to be ‘principles’ of the law of armed conflict (LOAC). However, for Dworkin, a concept must satisfy certain criteria in order to earn the status of a principle. First, principles carry different weightings to each other so that one may triumph in the event of a clash. Secondly, principles are capable of superseding positive rules so that coherence in the regime over which they preside is maintained. This article contends that neither criterion… 
1 Citations

THE COMPATIBILITY OF AUTONOMOUS WEAPONS WITH THE PRINCIPLE OF DISTINCTION IN THE LAW OF ARMED CONFLICT

  • E. Winter
  • Political Science
    International and Comparative Law Quarterly
  • 2020
Abstract The law of armed conflict requires ‘distinction’ between civilians and combatants and provides that only the latter may be targeted. However, for proper implementation, distinction requires