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The right to life and the Jus ad Bellum: belligerent equality and the duty to prosecute acts of aggression

Abstract:

General Comment 36 of the Human Rights Committee, adopted in 2018, asserts that ‘States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant.’ One question about this claim is whether it reduces incentives for compliance with international humanitarian law for States and their agents—incentives provided through the principles of belligerent equality and combatant immunity. It is argued that it doe...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1017/S0020589322000033

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author
Publisher:
Cambridge University Press Publisher's website
Journal:
International and Comparative Law Quarterly Journal website
Volume:
71
Issue:
2
Pages:
453-463
Publication date:
2022-03-23
Acceptance date:
2022-02-01
DOI:
EISSN:
1471-6895
ISSN:
0020-5893
Language:
English
Keywords:
Pubs id:
1249023
Local pid:
pubs:1249023
Deposit date:
2022-03-31

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