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What Is The Law Applicable To Targeting?

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Chapter Summary

In this chapter, the international humanitarian law (IHL) relevant to targeting in an international armed conflict is identified and explained. The chapter discusses the main treaties that affect targeting decisions. It focuses on the Hague Rules of Air Warfare (HAW). The chapter also discusses what relevance customary international law may have where API is de jure applicable. It explains that while customary international law is concurrently applicable, nonetheless it is not a relevant consideration for targeting issues by Australian military commanders. The chapter describes the continued relevance of human rights law during armed conflict. The last two sections of the chapter concern the broad concepts that are relevant to the application of IHL: military necessity, and the prohibitive or permissive nature of the IHL.

Keywords: Australian Law; customary international law; Hague Rules of Air Warfare (HAW); human rights law; international humanitarian law (IHL); targeting decisions



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