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Weighing Lives in War$
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Jens David Ohlin, Larry May, and Claire Finkelstein

Print publication date: 2017

Print ISBN-13: 9780198796176

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198796176.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Rewriting the AUMF

Rewriting the AUMF

Bringing Guidance to Executive Decisions on Combatancy and Returning the US to the Path of the War Convention

(p.259) 11 Rewriting the AUMF
Weighing Lives in War

Jon Todd

Oxford University Press

The chapter starts with a synopsis of the concept of distinction and explains why it is foundational to any understanding of the concept of combatancy. It then provides an overview of the US approach to the concept of combatancy and surveys the changing position of that concept in international law. The chapter goes on to discuss the concept of combatancy in the courts and in Congress. Because the US executive branch either has not acknowledged or cannot follow this evolving concept of combatancy in the context of modern warfare, Congress must reauthorize and update the AUMF, expanding the concept of combatancy to include the issue of non-state actors, a recognition of partial compliance of combatants, and an incorporation of the ICRC Guidance on Direct Participation in Hostilities.

Keywords:   combatancy, principle of distinction, targeting, AUMF, direct participation in hostilities, non-state actors

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