Lesson 4 Flashcards
Terrorism
Jus contra bellum
The law that governs when it is justifiable to go to war.
Targeted killing.
Jus in bello
The rules that govern how warfare is conducted, ensuring that actions in war are morally and legally acceptable.
Human control over use of force.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
International normative order
The system of shared norms, principles, and rules that govern relations among states and other actors in the international system.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
International rules based order
A rules-based system refers to a framework of agreed-upon principles, norms, and rules that guide the behavior of states and other actors in the international arena.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
International law based order
Focuses specifically on the legal dimension of international governance, emphasizing the role of formal, binding laws derived from treaties, customary international law, and judicial decisions.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
International normative order
The international normative order encompasses accepted interpretations, practices, and shared understandings of appropriateness regarding standards, including functional or procedural norms, which may not be directly tied to international law.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
International legal order
The international legal order captures all institutionalised standards of
international law, such as treaties, protocols, declarations, or resolutions, as
well as established customary international law.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
State practice
In the context of customary international law, this refers to the actions and statements of states that can be used to infer the existence of a legal rule
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
State practices
A broader sociological notion of practices that refers to patterned ways of doing things.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
Targeted killing
“use of intentionally lethal violence against a prominent or culpable person or a small group of persons… not in the physical custody of the agent using violence” - not limited to drones (snipers, missiles etc.)
The rise of drone warfare, especially for targeted killings, is reshaping state practices and challenging norms in international law, particularly in customary law.
Argument for legall: Article 51 of the UN Charter (right to self-defence)
Same argument for illigal
**Drones enable new state practices: ** Drones has the ability to conduct surveillance and strikes with minimal risk to the operator, have led to new state practices, particularly targeted killings. Leading to repeated state practices.
Targeted killing, is controversial as it raises questions about established legal concepts such as the scope of self-defense, the prohibition (UN Charter art. 51) on extrajudicial killing (ICCPR art. 6).
Targeted killing: If states consistently engage in targeted killings and accept this practice as lawful.
Limited number of states engages in targeted killing. Mainly the US and Israel.
Ambiguity of state silence: Many states have remained silent on the legality of targeted killing. This silence is open to interpretation.
**Mismatch between legal and normative orders: ** The increasing use of drones and targeted killings has created a mismatch between *the international legal order *and the evolving practices and understandings of what is considered appropriate (the international normative order).
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild +
Thomas Gregory, p. 213.
Conclusion of Bode
Bode argues that these mismatches are creating uncertainty about the legal limits on the use of force and potentially weakening legal constraints. This could lead to a more permissive environment for the use of force and a normalization of violence in international relations.
Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild
Drones capabilities
**Pro: **
1. Deiscriminate
2. Consume ata (audio, visual signals)
3. Ethical killing.
Con:
1. Dataverload from above Afghanistan, Somalia and Iraq.
2. Weddings attact, as the seemed like a threat (big gatherings) Terrorist tranings camps.
3. Laborer had the same pattern as a militant, therefore killed.
4.
Gregory, Thomas. “Targeted Killings: Drones, Noncombatant Immunity, and the Politics of Killing.” 213
Noncombanant immunity
Civilians or noncombatants should be protected from the violence of war and should not be intentionally targeted.
Article 48 of Additional Protocol I (1977) to the Geneva Conventions: Calls for parties to “distinguish between the civilian population and combatants.”
Gregory, Thomas. “Targeted Killings: Drones, Noncombatant Immunity, and the Politics of Killing.” 213
Who are civilians reflections
Munition factories workers, individuals commiting acts of terrorism etc.
Discursive: No fixed or timless definition of combanants and non-combanants.
Lawfare as a Tool of Legitimization of Targeted Killing
Plausible legitimatation, Rather than serving as a constraint on violence, international law is often manipulated to accommodate military objectives.
Involving:
1. Redefining Geographical Spaces
