TY - JOUR
T1 - Is All Mental Harm Equal? The Importance of Discussing Civilian War Trauma from a Socio-Economic Legal Framework's Perspective
AU - Solomon, Solon
AU - Bayer, Ya'akov
N1 - Publisher Copyright:
© 2023 Solon Solomon and Ya'akov Bayer.
PY - 2023/1/1
Y1 - 2023/1/1
N2 - In recent years, international law scholars have discussed how civilian mental harm in warfare should also form part of the jus in bello proportionality principle and be balanced to the anticipated military advantage. Yet, these scholars have not proceeded one step further to examine whether socio-economic parameters shaping the individual's personality, such as education, family ties or the level of income, should be also taken into account as varying variables in this balancing task. This is particularly important given that the particular parameters are tied to the socio-economics rights discourse and the relevant minimal living standards notion developed there. Based on a study we conducted, the article explores whether civilian mental harm should be affected by socio-economic parameters and what this means for the wider role socio-economic rights can play in armed conflicts as well as for the reading of jus in bello along Marxist terms.
AB - In recent years, international law scholars have discussed how civilian mental harm in warfare should also form part of the jus in bello proportionality principle and be balanced to the anticipated military advantage. Yet, these scholars have not proceeded one step further to examine whether socio-economic parameters shaping the individual's personality, such as education, family ties or the level of income, should be also taken into account as varying variables in this balancing task. This is particularly important given that the particular parameters are tied to the socio-economics rights discourse and the relevant minimal living standards notion developed there. Based on a study we conducted, the article explores whether civilian mental harm should be affected by socio-economic parameters and what this means for the wider role socio-economic rights can play in armed conflicts as well as for the reading of jus in bello along Marxist terms.
KW - civilian mental harm
KW - jus in bello
KW - Marxist interpretation
KW - socio-economic rights
UR - http://www.scopus.com/inward/record.url?scp=85164510491&partnerID=8YFLogxK
U2 - 10.1163/15718107-bja10061
DO - 10.1163/15718107-bja10061
M3 - Article
AN - SCOPUS:85164510491
SN - 0902-7351
JO - Nordic Journal of International Law
JF - Nordic Journal of International Law
ER -