Overview

The current US conflicts in Iraq and Afghanistan are characterized by enemies who regularly disregard international law and just war principles. Asymmetric conflicts such as these, in which belligerents violate laws of war to gain an advantage over a superior military force, are likely to be the norm for the foreseeable future. When such opponents refuse to ""play by the rules,"" are there rules which the United States may then justifiably set aside? This normative paper examines jus in bello principles within just war theory to provide recommendations for US forces faced with this situation. The restrictions based on discrimination and proportionality must remain intact, but the US interpretation of military necessity must be altered from traditional views that have historically led to immoral decisions in the conduct of war. Military necessity must be considered at all levels of war, and the justice of the cause must not be used to justify gradual violations of jus in bello when selecting the tactics. Fighting with strict adherence to these just war principles is not only vital to securing domestic and international support for the US military, but it directly affects our ability to achieve current and future military objectives. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

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