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Targeting drug lords: Challenges to IHL between lege lata and lege ferenda.

Authors :
Redaelli, Chiara
Arévalo, Carlos
Source :
International Review of the Red Cross. Aug2023, Vol. 105 Issue 923, p652-673. 22p.
Publication Year :
2023

Abstract

This article aims to clarify how international humanitarian law (IHL) rules on targeting apply when drug cartels are party to a non-international armed conflict. The question of distinguishing between a cartel's armed forces and the rest of the cartel members is a pertinent matter. It is crucial to avoid considering every drug dealer a legitimate target, just as we do not consider that everyone working for the government is a legitimate target. Nevertheless, it is unclear at what point a member of a cartel would change from being a criminal to being a member of the armed wing of the cartel, hence becoming a legitimate target. The present article will suggest a teleological approach to solving this conundrum. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18163831
Volume :
105
Issue :
923
Database :
Academic Search Index
Journal :
International Review of the Red Cross
Publication Type :
Academic Journal
Accession number :
164139056
Full Text :
https://doi.org/10.1017/S1816383123000024