Rights and Responsibilities: Protecting the Victims of Armed Conflict
(1999) 48 Duke Law Journal 1081 (Brainerd Currie Memorial Lecture, Duke University, 1997)
51 Pages Posted: 28 Feb 2013 Last revised: 19 Mar 2015
Date Written: 1997
Abstract
This article focuses on the law's balance between rights and responsibilities, discussing in particular the law designed to protect the victims of armed conflict. The article uses as its starting point some actual situations from the 1415 Battle of Agincourt. The author then identifies enduring issues, especially legal issues, which arise from these situations. The various issues relate to four primary themes: first, the roles of the executive government, the military, the legislature, the courts, and educational bodies (notably universities) in developing the law of war. Second, the processes for the making, development, and implementation of the law. Third, the relationships between the law, moral and ethical principles, and military necessity. Fourth and finally, the jurisprudential analysis of rights and duties.
Keywords: international humanitarian law, the law of war, international law, Battle of Agincourt, rights and responsibilities, armed conflict
JEL Classification: K33
Suggested Citation: Suggested Citation