International Law: LOAC: Military Necessity

Ohlin on Capture-or-Kill

By Robert Chesney
Friday, March 8, 2013, 6:17 PM

I have been curating a running debate about whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances, sparked by a paper from Professor Ryan Goodman and including responses and more from Professors Geoff Corn, Laurie Blank, Chris Jenks, Eric Jensen, and Kevin Heller.  The relevant posts to this point include:

1. Goodman’s full-length EJIL Article

2. Goodman’s short essay on the same topic in Slate

3. The first critique from Corn, Blank, Jenks, and Jensen

4. Jens Ohlin’s recent paper relating to this topic (see also this post from Jens)

5. Goodman’s reply to CBJJ’s critique

6. CBJJ’s rejoinder

7. Goodman's further response

8. Heller's critique

Those who are following this exchange will want to have a look at Jens Ohlin's just-posted paper, which responds directly to Goodman's paper.  Jens has the details at his terrific blog Lieber Code, here.