The Rule of Law in Armed Conflict

Authors

Hitoshi Nasu

Abstract

A fundamental problem in the relationship between war and law has emerged, with two diverging approaches to conceptualizing how law applies to the conduct of hostilities: the operational application for the implementation of legal obligations during combat operations, on the one hand, and the adjudicative application for prosecution and reparation, on the other. Diverging approaches stem from institutional and practical constraints on adjudication, testing the fundamental premise upon which international law operates as a political project to manage international order under the rule of law. This article addresses the doctrinal manifestation of this trend and articulates the parameters in which battlefield conduct can be adjudicated without infringing upon the underlying logic of the law by adhering to its consistent, equal, and objective application.

Volume

34

Issue

1

Recommended Citation

Nasu, Hitoshi (2025) "The Rule of Law in Armed Conflict," Minnesota Journal of International Law: Vol. 34: Iss. 1, Article 4.
Available at: https://scholarship.law.umn.edu/minn-jrnl-intl-law/vol34/iss1/4