Understanding the Notion of Use of Force under the Laws of Armed Conflict

  • Gurmehar Randhawa
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  • Gurmehar Randhawa

    Student at Symbiosis Law School Hyderabad, India

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This research delves into the multifaceted realm of utilizing force under the auspices of “international humanitarian law” (IHL) that governs the behaviour of entities engaged in armed conflicts. The study meticulously explores vital concepts and legislative frameworks, offering nuanced interpretations to elucidate the complexities surrounding the use of force. Commencing with an examination of fundamental principles shaping wartime force deployment, including necessity, proportionality, and differentiation, the research establishes these as pivotal benchmarks for assessing the legality and appropriateness of force in specific scenarios. The author further delves into the responsibility of conflict parties to diligently safeguard individuals and civilian infrastructure, emphasizing the ethical imperative inherent in armed conflict. In addition, the study scrutinizes the evolving nature of armed conflicts and the challenges posed by traditional notions of force. It highlights the imperative of ongoing reassessment of legal interpretations and the establishment of adaptive procedures to address emerging complexities. The paper underscores the importance of accountability and reparations for violations or abuses of "armed conflict rules, exploring the roles of international criminal tribunals (ICT) and national judicial systems in holding individuals and institutions accountable for their conduct. Moreover, the research probes into the changing landscape of armed conflicts in the contemporary world, encompassing the rise of non-state actors and the integration of technology in warfare. It stresses the necessity of international cooperation and coordination to effectively confront these challenges and ensure the just dispensation of justice. Additionally, the study emphasizes the role of education and awareness-raising in fostering a culture of respect for human rights, aiming to prevent future violations. By comprehensively addressing these facets, this research contributes to a deeper understanding of the intricate dynamics surrounding the application of force in armed conflicts and advocates for a more conscientious and informed global approach to conflict resolution.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3481 - 3500

DOI: https://doij.org/10.10000/IJLMH.116531

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