The Rule of Law in Armed Conflict
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Authors
Hitoshi Nasu
Issue Date
2025-01
Type
Article
Language
en_US
Keywords
Alternative Title
Abstract
A fundamental problem in the relationship between war and law has emerged, with two diverging approaches to conceptualizing how law applies to the conduct of hostilities: the operational application for the implementation of legal obligations during combat operations, on the one hand, and the adjudicative application for prosecution and reparation, on the other. Diverging approaches stem from institutional and practical constraints on adjudication, testing the fundamental premise upon which international law operates as a political project to manage international order under the rule of law. This article addresses the doctrinal manifestation of this trend and articulates the parameters in which battlefield conduct can be adjudicated without infringing upon the underlying logic of the law by adhering to its consistent, equal, and objective application.
Description
https://scholarship.law.umn.edu/minn-jrnl-intl-law/vol34/iss1/4/
Citation
Hitoshi Nasu, "The Rule of Law in Armed Conflict," Minnesota Journal of International Law 34 (2025): 237-279
Publisher
Minnesota Journal of International Law
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Journal
Volume
Issue
PubMed ID
DOI
ISSN
1552-9541