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Part 1 The Law of Targeting in Context, 2 Historical Evolution of the Law

William H. Boothby

From: The Law of Targeting

William H Boothby

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 November 2021

Subject(s):
Geneva Conventions 1949 — Weapons — Armed forces — Warfare, air
Adam Roberts traces the evolution of the modern law from the writers associated with the Christian tradition,1 noting that the law they expounded was largely based on notions of jus, that is of principles underlying law, drawing ‘on a rich and informal range of sources, including moral philosophy and the history of classical antiquity’.2 So the principle of distinction is not a modern invention. Its underlying philosophy is, for example, reflected in the writings of the Spanish theologian, Francisco de Vitoria, who opined: ‘It is never the right to slay the...
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