The article discusses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory. It illustrates how the relational approach to choice-of-law analysis could lay a foundation for counterinsurgency regulation under international law by giving examples of conflicts in Afghanistan, Argentina, and Israel. It informs that the population-centric vision of counterinsurgency had been experimented by the U.S. in Afghanistan.
Evan J. Criddle,
Proportionality in Counterinsurgency: A Relational Theory,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol87/iss3/4