What is it about?

It explains whether in light of international law (International humanitarian law, human rights law) combatant/fighter is obliged to hurt or capture an enemy during an armed conflict instead of killing him.

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Why is it important?

The issue discussed in article is a matter of life and death during armed conflict; it is crucial as the level of force which can be used during armed conflicts is assessed by many international organs, incl. international courts. Article takes into account influence of Human Rights Law on interpretation of International Humanitarian Law 1. it presents arguments derived from the IHL norms against the existence of an obligation to use the least harmful method against legitimate targets in armed conflicts 2. it presents arguments ) in favour of the existence of an obligation to minimize force used against legitimate targets. In both cases, advantages and disadvantages of each of the solutions are presented. 3. it assesses possibility of using other regimes to solve the dispute and find some “golden mean”.

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This page is a summary of: To Kill or Not to Kill - the Use of Force against Legitimate Targets in Armed Conflicts, Wroclaw Review of Law Administration & Economics, December 2018, De Gruyter, DOI: 10.1515/wrlae-2018-0051.
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