Active armed conflict ihl human rights9/25/2023 Because if both statements are right, then maybe (and at long last) we may have broken the theoretical basis for the lex specialis doctrine for good. Now, here’s where things got interesting for me. So, in most cases, IHL will be triggered before the first “strike”, when a border is crossed with hostile intent. He (correctly, in my opinion) pointed out that for IHL purposes, the strike itself is conceptually different from the attack. This would mean, therefore, that for the purposes of the ICCPR, a strike carried out in violation of jus ad bellum would constitute an arbitrary deprivation of life.Īnother important addition to the conversation came from Aurel Sari. (…) States parties that fail to take all reasonable measures to settle their international disputes by peaceful means might fall short of complying with their positive obligation to ensure the right to life”. “States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant. In support, he offered paragraph 70 of General Comment 36: Over at Twitter, I found Adil Haque’s argument the most convincing: the killing of Soleimani would be illegal even if IHL applied because jus ad bellum violations are ipso facto violations of the right to life. After all, a first strike triggers IHL and, under IHL, Soleimani was a lawful target. The main question my previous post asked was whether the killing of Soleimani was a lawful killing. This time around, I would like to elaborate on some of these answers and what do I make of their implications for IHL going forward. The ensuing Twitter debate proved very enriching, generating some answers and many more questions. My last post raised a few questions on how we should approach the issue of targeted killings as first strikes in international armed conflicts (IACs).
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