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The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.
Price: $169.00
Pages: 196
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Humanitarian Law Series
Publication Date:
21 July 2022
ISBN: 9789004472433
Format: Hardcover
Martina Kolanoski, Dr.phil., is a research associate and lecturer at the Faculty of Social Sciences, Goethe University Frankfurt/Main. She is also a Visiting Fellow at the German Institute for Human Rights, Berlin, where she is part of the working group Climate Change and Human Rights. Between 2016 and 2020, Martina was a Visiting Fellow at the University of Liverpool, School of Law and Social Justice, where she collaborated on topics related to this publication.