Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Collateral Damage: A Dangerous Omission In The Law Of Armed Conflicts

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter provides a brief commentary on the concept of 'collateral damage' in the context of the Law of Armed Conflict and recommend that 'collateral damage' be criminalized and designated an international crime. The term 'collateral damage' refers to the killing of persons, who are civilians or non-combatants. The Law of Armed Conflict draws a distinction between legitimate and illegitimate targets via the notion of a threat. According to Ronald Munson, as a general rule, four conditions must be satisfied before the doctrine of double effect is applied. First, it must be objectively demonstrated that the action that results in a collateral damage itself is morally indifferent or morally good. Second, the bad effect is the means by which the good effect is achieved. Third, the motive is the achievement of the good effect only and, fourth, the good effect is at least equivalent in importance to the bad effect.

Keywords: collateral damage; international crime; Law of Armed Conflicts

10.1163/ej.9789004183780.i-882.185
/content/books/10.1163/ej.9789004183780.i-882.185
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Protecting Humanity — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation