Efforts to bring the rule of law to killing are not always easy or clear cut. Although as an advocate of non-violence, I can condemn all killing; whether killing in a conflict is “legal” or not depends on the circumstances in which it occurs. International law does not prohibit all taking of life.
Mary Ellen O'Connell, a law professor and research professor of international dispute resolution at the Kroc Institute for International Peace Studies at the University of Notre Dame, is a specialist on the international law of armed conflict. In a column on CNN, she explains that under international law, killing enemy fighters during an armed conflict – a war – is legal. Outside of war, it generally is not, the human right of life prevails. Although this “dual standard for justifiable killing makes the law protecting the right to life more complicated,” it is how international law assesses violent conflicts.
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