ABSTRACT

This chapter looks at the jus in bello rules that govern the fighting of war and it specifically looks at the rules of jus in bello as they pertain to combatants, legitimate targets, legitimate tactics and prisoners of war. If one argues that during war there can be no rules restraining what people can do, and that therefore combatants are justified in doing even terrible things, it endorse the idea that one is permitted to do 'whatever it takes' to defeat one's enemy. The chapter also explains the part of the rationale behind requiring hierarchy in military groups is that it enables combatants who break the rules to be disciplined. But the inclusion of a requirement that emphasises military necessity helps iterate the division between jus ad bellum and jus in bello, reminding combatants that though the war as a whole is a political project, their role in it must be restricted to military concerns.