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United Nations Operations: Does The Law Of Targeting Differ?

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Chapter Summary

This chapter discusses whether the interpretation of the applicable targeting law is affected by the fact that one partys legal justification for the armed conflict includes united nation (UN) authorisation or approval for its actions. It argues that where a State is acting pursuant to a United Nations Security Council resolution (UNSCR), the international humanitarian law (IHL) applicable to target selection, and even more particular still, the lawfulness of particular targets, may vary depending upon the terms of the UNSCR authorising the military action. As UN authorisation for participation in an armed conflict is an aspect of the jus ad bellum, the starting point for this chapter is to discuss the relationship between the jus ad bellum and the jus in bello. For the purposes of this chapter, it will be helpful to make a preliminary remark about operations conducted under UN auspices.

Keywords: armed conflict; international humanitarian law (IHL); lawful target; United Nations (UN) military operations; United Nations Security Council resolution (UNSCR)



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