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Jus ad bellum och jus in bello – åtskilda för alltid?: Målinriktat dödande i kampen mot terrorismen
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2016 (Swedish)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

In international law there has been an established principle of distinction between jus ad bellum and jus in bello, which is also known as the dualistic axiom, for a long time. It is put in place as a divider between the reason to go to war and the laws of conduct in war. Traditionally its rationale is found in an effort to reduce human suffering in conflict by not allowing extraordinary measures towards the soldiers of an enemy, whose attack on another state constitutes an aggression, thereby making its reasons for war unjust. The individual should not take the blame for its state’s transgression of international law.

However, post September 11, 2001, the fight against transnational terrorism intensified, with states (notably the US) adopting policies of targeted killing of terrorists on a more or less global scale. This is a different kind of conflict than the ones where the dualistic axiom has its roots. This principle of international law has therefore been criticized by a number of scholars and states as having lost its purpose.

This essay strives to investigate the separation of jus ad bellum and jus in bello in the light of targeted killing of terrorists. It explains the legal context of targeted killing of members of transnational terrorists and uses this as a basis for an analysis of the role the dualistic axiom may have in the fight against transnational terrorism. The purpose of this is to examine if the dualistic axiom may retain its raison d’être in the struggle to counter global terrorism.

Place, publisher, year, edition, pages
2016. , 84 p.
Keyword [en]
Targeted killing, public international law, IHL, jus ad bellum, jus in bello, terrorism, dualistic axiom, conflation
Keyword [sv]
Målinriktat dödande, folkrätt, internationell humanitär rätt, jus ad bellum, jus in bello, terrorism
National Category
Law (excluding Law and Society)
URN: urn:nbn:se:uu:diva-283421OAI: oai:DiVA.org:uu-283421DiVA: diva2:919065
External cooperation
Sveriges ständiga representation vid Förenta nationerna i New York
Educational program
Law Programme
Available from: 2016-06-20 Created: 2016-04-12 Last updated: 2016-06-20Bibliographically approved

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