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Aerial Belligerency within a Humanitarian Rhetoric: Exploring the Theorizing of the Law of War/Terrorizing of Civilians' Rights Nexus
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Aerial Belligerency within a Humanitarian Rhetoric: Exploring the Theorizing of the Law of War/Terrorizing of Civilians' Rights Nexus

Author: Yvenson St-Fleur
Publisher: Oxford University Press
Edition/Format: Article Article : English
Publication:Chinese Journal of International Law, 8, no. 2 (2009): 347-373
Database:ArticleFirst
Other Databases: British Library SerialsElsevier
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Document Type: Article
All Authors / Contributors: Yvenson St-Fleur
ISSN:1540-1650
Language Note: English
Unique Identifier: 428458377
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schema:description"Aerial belligerency, with respect to the law of war, is key to achieving the political objectives of a party to the conflict, and to convincing its adversary to accept conditions as negotiated solutions to a confrontation. However, a much more restrictive interpretation of humanitarian rights law during the planning of military air strikes in Kosovo, Iraq, Afghanistan, Ecuador, Gaza and Pakistan has demonstrated that civilian immunity is still a legal concern. This paper describes and analyses the modernity of aerial acts of belligerency conducted within a legal framework. In fact, most recent armed conflicts and hostilities bring to light the fact that aerial warfare is now an attractive option in international affairs. Airpower is used as a strategic weapon to elevate foreign policy over legal principles. Aerospace weaponry and surveillance systems exist to insure superiority over low-tech and like-minded resistance groups. The means and methods in aerial warfare will in fact present the next legal challenge of the twenty-first century."
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