The Use of Force against Individuals in War under International Law: A Social Ontological Approach

The book The Use of Force against Individuals in War under International Law explores the meaning, relevance, and wisdom of questioning the legality of the use of force against individuals in war by reconnecting legal thought with the social world. It presents an interdisciplinary study of the laws regulating warfare and highlights the limits of legal techniques in addressing tensions between different international laws. The book argues that in regulating warfare, one body of international law accommodates the diminished agency of human beings operating in highly structured conditions, while other bodies of international law have the potential to transform these conditions. Assimilating these laws fundamentally conflates their underlying social ontologies.

Format: Hardback
Length: 336 pages
Publication date: 21 April 2022
Publisher: Oxford University Press

The question of whether it is legal to kill, or capture and confine, someone in war is a complex and multifaceted one that requires careful consideration. While the laws of war aim to protect civilians and limit the use of force, there are situations where the use of force may be necessary to defend oneself or others.

However, the legality of such actions is governed by a complex web of international laws and treaties, which can vary depending on the specific circumstances of the conflict. In this volume, we will explore the meaning, relevance, and wisdom of questioning the legality of the use of force against individuals in war by reconnecting legal thought with the social world.

Weaving together law, social theories, and actual practices, the book presents an interdisciplinary study of the laws regulating warfare. The Use of Force against Individuals in War under International Law uncovers different conceptions of legality that generate tensions among different international laws regulating warfare and highlights the limits of legal techniques in addressing these tensions.

Accepting these tensions serves not to denigrate the law itself but to invite a deeper level of engagement with it through the lens of social theories. Drawing on the insight that every social action results from an interaction between human agency and social structures, this publication argues that in regulating warfare, one distinct body of international law, the law of armed conflicts, accommodates the diminished agency of human beings operating in highly structured conditions while other bodies of international law harbour the potential to transform these very structured conditions. Thus, assimilating these laws, whether in court or real-world practices, fundamentally conflates their underlying social ontologies.

While the laws of war aim to protect civilians and limit the use of force, there are situations where the use of force may be necessary to defend oneself or others. However, it is important to ensure that such actions are proportionate and comply with international law. This requires a careful assessment of the circumstances, the potential harm to civilians, and the legal consequences of such actions.

In conclusion, the question of whether it is legal to kill, or capture and confine, someone in war is a complex and multifaceted one that requires careful consideration of the legal, social, and ethical implications. While the laws of war aim to protect civilians and limit the use of force, there may be situations where the use of force is necessary to defend oneself or others. However, it is important to ensure that such actions are proportionate and comply with international law, and to engage with the law through the lens of social theories to better understand the underlying social structures that shape our interactions in times of conflict.

Weight: 646g
Dimension: 240 x 165 x 24 (mm)
ISBN-13: 9780198871699