SOSC 1375 Lecture Notes - Lecture 5: Line Of Actual Control, Municipal Law, Deadly Force
Document Summary
Constrains the way people can be treated. Traditionally a killing of a person, done by anyone. When the state kills a person, it"s capital punishment/accident. Two paradigms: criminal law (law enforcement) and war. Principle of state sovereignty political self determination. Each state can implement laws they desire. Can"t just invade another country because you don"t like what they do. Difficult to determine the level of threat. Where to draw the lines: no uniforms, no base, different from traditional theatre of war. Only a state can target kill someone when they believe they are a terrorist. Domestic law only can kill someone when they are guilty. When at war, as long as someone is in uniform representing the opposite side and are not near a school, for example, you may kill them. Guilt must be proven in a court of law. Killing is only permitted if used for self defense and/or immediate necessity of saving more lives.