The International Rule of Law and Killing in War

Social Theory and Practice 38 (3):531-553 (2012)
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Abstract

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad international legal principle, but also a bad principle of global justice.

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Jovana Davidovic
University of Iowa

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