Lesson 4

Question 1

Jus contra bellum

Answer 1

The law that governs when it is justifiable to go to war.
Targeted killing.

Question 2

Jus in bello

Answer 2

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

Question 3

International normative order

Answer 3

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

Question 4

International rules based order

Answer 4

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

Question 5

International law based order

Answer 5

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

Question 6

International normative order

Answer 6

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

Question 7

International legal order

Answer 7

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

Question 8

State practice

Answer 8

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

Question 9

State practices

Answer 9

A broader sociological notion of practices that refers to patterned ways of doing things.

Contesting Use of Force Norms Through Technological Practices
Bode, Ingvild

Question 10

Targeted killing

Answer 10

“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.

Question 11

Conclusion of Bode

Answer 11

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

Question 12

Drones capabilities

Answer 12

**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

Question 13

Noncombanant immunity

Answer 13

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

Question 14

Who are civilians reflections

Answer 14

Munition factories workers, individuals commiting acts of terrorism etc.

Discursive: No fixed or timless definition of combanants and non-combanants.

Question 15

Lawfare as a Tool of Legitimization of Targeted Killing

Answer 15

Plausible legitimatation, Rather than serving as a constraint on violence, international law is often manipulated to accommodate military objectives.

Involving:
1. Redefining Geographical Spaces

Question 16

Redefining geographical spaces of the battlefiels (terror)

Answer 16

The Obama administration’s assertion that the “battlefield” in the war on terror has no geographic limitations effectively expanded the areas where lethal force could be used. This redefinition of the battlespace significantly weakened the legal protections typically afforded to civilians outside of armed conflict.

Battlefiels is not defined in any law, but civilian’s rights are:

Common Article 2 of the Geneva Conventions (1949):
Establishes the applicability of the conventions in international armed conflicts without defining geographic limits.

Common Article 3 of the Geneva Conventions (1949):
Provides minimum protections for persons in non-international armed conflicts but does not geographically confine the conflict.

Question 17

Norm death

Answer 17

Definition: Initially, key actors saw targeted killing as assassination and avoided it, but over time, they stopped caring about the norm.
Example: After 9/11, the U.S. gradually shifted from avoiding assassination to using targeted killings in the War on Terror, with less focus on the prohibition.

Pratt, Simon Frankel.

Question 18

Norm Dissociation

Answer 18

Definition: Key actors never cared about the norm against assassination and justified targeted killing without concern.

Example: The U.S. viewed terrorism as an existential threat and justified targeted killings (e.g., drone strikes) as necessary, regardless of the assassination ban.

Pratt, Simon Frankel.

Question 19

Norm Transformation

Answer 19

Definition: Key actors changed the definition of assassination, reinterpreting it to exclude targeted killings.

Example: The U.S. redefined assassination to allow targeted killings of terrorist leaders as legitimate acts of war, especially with precision tools like drones.

US. Drone memo 2013, Obama + UN Charter art. 51.

Pratt, Simon Frankel.

Question 20

US explanations for use of targeted killing

Answer 20

1. Norm death
2. Norm dissociation
3. Norm transformation

Pratt, Simon Frankel.

Question 21

Three mechanisms of norm transformation (Targeted killings)

Answer 21

1. Convention reorientation
2. Technological revision
3. Network Synthesis

Pratt, Simon Frankel.

Question 22

Convention reorientation

Answer 22

**Definition: **Changing how a situation is viewed by applying different rules or frameworks.

**Example: **Framing counterterrorism as war, not policing, shifts it to a military context with different rules of engagement.

Pratt, Simon Frankel.

Question 23

Technological Revision

Answer 23

Definition: Using new technology that alters norms and enables new actions.
Example: Drones, with their precision and reduced collateral damage, made targeted killings more acceptable.

Pratt, Simon Frankel.

Question 24

Network Synthesis

Answer 24

Refers to the process of combining social networks into new coalitions that have the power to authorize new actions and change existing social arrangements.

**Example: **network synthesis played a crucial role in allowing proponents of targeted killing within the CIA to overcome opposition and establish the practice. The support of the Bush and Obama administrations was key to the success of this new coalition, which overrode dissenters from within the CIA

Pratt, Simon Frankel.

Question 25

Targeted killings

Answer 25

Although in most circumstances targeted killings violate the right to life, in the
exceptional circumstance of armed conflict, they may be legal. This is in contrast to other
terms with which “targeted killing” has sometimes been interchangeably used, such as “extrajudicial execution”, “summary execution”, and “assassination”, all of which are, by definition, illegal.

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions

Question 26

IHL vs Human Rights Law

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions

Answer 26

International Humanitarian Law
Applies in armed conflict.
This include the 4 Geneva Conventions from 1949.
Concerns civilians and combatants.
Third Geneva Convention protects PoW. They must be treated humanely in all circumstances.

Human Rights Law is treaties, principles that concerns outside armed conflict as well while an armed conflict exist.
Example: CAT

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions

Question 27

Human Rights Law and lethal killing

Answer 27

Intentional (targeted klillings) killing, lethal force, are generally unlawful under human rights law, as its use of lethal force is onlu permissable as a last resort to protect life.

Targeted killings, involve the intentional and premeditated use of lethal force, which raises concerns about compliance with human rights standards outside armed conflict situations.

Therefore, states tries to frame it as an armed conflict situation.

Question 28

DPH

Answer 28

Direct Participation in Hostilities

States are permitted to directly attack only civilians who “directly participate in hostilities” .

ICRC’s interpretive Guidance on DPH: “civilians who participate directly in hostilities and are members of an armed group who have a “continuous combat function” may be targeted at all times and in all places”.

Question 29

Geneva Convention Additional Protocol I

Answer 29

International armed conflicts

Question 30

Declaration recognizing as compulsory the jurisdiction of the International Court of Justice

Answer 30

As stated in ICJ art. 36(2), you can recognize ICJ jurisdiction by making a declaration.

Canada withdrawed from this in 1970.

Question 31

Assasination of Iranian Nuclear Scientist

Answer 31

Discussion: Was it a combanant or a civil?
Was it international armed conflict?

Question 32

Exception of intervening within a state’s soverignity

Answer 32

Soverignity: UN Charter article 2(4)

1. Article 51
2. Territorial state consents (not in the UN Charter)
3. UN SC authorization

Question 33

The balance of being a civilian vs combatant.

Answer 33

Civilian when you are not working and combatant when you are working.

Question 34

Social norms vs. legal rules

Answer 34

Social norms: Understandings of appropiateness

Legal rules: Enshrined in legal documents.

Question 35

UNSC use of force and not use of force resolutions

Answer 35

Article 41: Non-Forceable (armed force) Measures
Sanctions
Trade embargo, sanctions etc.

Article 42: Use of Force
If measures under Article 41 are deemed insufficient, the UNSC can authorize the use of armed force to restore or maintain peace. “air, land and sea.”

Question 36

Asylum seeker

Answer 36

A person who has departed from their country and is ectively seeking sanctuary in another nation, driven by the need for protection against persecution and grave human rights abuses.

Question 37

Migrant

Answer 37

A person who moves from one place to another. Lacka universally accepted definition.

Question 38

Refugee

Answer 38

A person who has applied for protection as a refugee but whose claim has not yet been decided.

Individual who has fled their native country due to the imminent threat of severe human rights violations and persecution.

Refugees are entitled to international protection

Question 39

UNSC Resolution 1373 (2001)

Answer 39

Adopted after 9/11 attacks to combat international terrorism.
Legally binding under Chapter VII of the UN Charter.
Key Obligations for States:
1. Prevent terrorism financing (criminalize, freeze assets).

2. Prohibit terrorist support (recruitment, safe havens).
3. Enhance border security and travel controls.
4. Adopt domestic laws and join anti-terrorism conventions.
5. Created the Counter-Terrorism Committee (CTC) to monitor compliance.

Criticism: No universal definition of terrorism; human rights concerns.