Beginning of International Armed Conflict in the Case of Targeted Killing of Military Personnel in a Third State
Abstract
Abstract This paper argues that, while the famous “first shot formula” represents the dominant interpretation for the application of common Article 2(1) of the Geneva Conventions, its application in the case of unilateral use of lethal force for the targeted killing of military personnel in the territory of a third state is not compatible with the requirements of humanity and the object and purpose of these treaties. The paper contends such an operation will not ipso facto trigger an international armed conflict between targeting state and the state of the targeted person. By examining the elements that constitute an international armed conflict, the paper proposes a new criterion for determining the beginning of such a conflict in cases of targeted killing of military personnel in the territory of a third state.
Fields of Study & Subjects
International Law and Human Rights
War
Ethics
and Justification
Global Peace and Security Dynamics
Publication details
- Journal / source
- Asian Journal of International Law
- Volume
- 16
- Issue
- 2
- Pages
- 357–376
- Publication date
- 8 January 2026
- Language
- EN