European Journal of Law Reform

Artikel

Is Compliance with International Humanitarian Law Susceptible to Logical Measurement?

Keywords International humanitarian law, interests, States, power
Authors Ilias Bantekas
Author's information

Ilias Bantekas
Ilias Bantekas is Professor of International Law, Brunel Law School and Head of International Law at Mourgelas & Associates Law Firm.
  • Abstract

      The application of international humanitarian law by States is necessarily dependent on factors such as “interests” as well as certain “qualities” of States, such as size or wealth. Despite their contractual undertakings, nations fully apply the jus in bello under the terms of a particular formula. This article depicts this formula in a very rudimentary manner, positing that compliance is measureable and corresponds to a number which is derived by adding a State’s interests and qualities.

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