Essay: Discrimination and Non-Combatant Immunity
Jus in Bello is a yardstick of determining whether an act of terrorism can be justifiable. The first condition revolves around ‘discrimination and noncombatant immunity’. This aims at ensuring non-combatants and innocent civilians are immune from attack.
Likewise, the state waging war must take reasonable measures to ensure they use the minimum force required to secure the just cause in line with the doctrine of proportionality.
This ought to be done via legitimate means i.e. n means mala in se. states must shun crude weapons or guerilla methods that speak evil in themselves. There should be no war crimes committed to undermining humanity such as rape, treachery, genocide, forcible displacement of population and persecutions.
Once just war has been waged against an enemy combatant, there are humanitarian conditions that must be observed such as the dignified treatment of prisoners of war. This doctrine is called ‘benevolent quarantine for prisoners of war (Thalif 9)
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