Final Thoughts
The principles of distinction and proportionality are integral to the premise that wars should be conducted in a limited fashion. Derived from theologians in the just war and natural law traditions, these principles have made their way into statutory law, as exemplified by Additional Protocol I of the Geneva Conventions. But what is the best way to interpret these provisions? Does one trust the ICRC guidance, or guidance provided by either hawkish or pacifistic legal scholars? This paper‟s answer was to evaluate which perspective best fit the construct of JWT. While perhaps not always the perfect answer, it is a useful guide in sorting through the various interpretations of distinction and proportionality held in international law. Now, more than ever - with the Obama administration‟s use of targeted killing so prevalent - does this dialogue about drone attacks need to occur.[111]
111 See Jane Perlez and Pir Zubair Shah, Drones Batter Al Qaeda and Its Allies Within Pakistan, N.Y. Times, April 4, 2010,
http://www.nytimes.com/2010/04/05/wo...ef=instapundit.
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