Ohlin on Capture-or-Kill
I have been curating a running debate about whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances, sparked by a paper from Professor Ryan Goodman and including responses and more from Professors Geoff Corn, Laurie Blank, Chris Jenks, Eric Jensen, and Kevin Heller. The relevant posts to this point include:1. Goodman’s full-length EJIL Article2. Goodman’s short essay on the same topic in Slate3.
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I have been curating a running debate about whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances, sparked by a paper from Professor Ryan Goodman and including responses and more from Professors Geoff Corn, Laurie Blank, Chris Jenks, Eric Jensen, and Kevin Heller. The relevant posts to this point include:1. Goodman’s full-length EJIL Article2. Goodman’s short essay on the same topic in Slate3. The first critique from Corn, Blank, Jenks, and Jensen4. Jens Ohlin’s recent paper relating to this topic (see also this post from Jens)5. Goodman’s reply to CBJJ’s critique6. CBJJ’s rejoinder7. Goodman's further response8. Heller's critiqueThose who are following this exchange will want to have a look at Jens Ohlin's just-posted paper, which responds directly to Goodman's paper. Jens has the details at his terrific blog Lieber Code, here.
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
