War crimes and questions on justice in asymmetric warfare

Abstract

The concepts of human rights and international justice are products of the 20th century and of the so-called enlightened Western civilisation. As the 21st century began, the War on Terror was declared by the US–UK coalition, leading to hundreds of thousands of civilian deaths in the Middle East, as well as long-lasting insecurity in all areas of human life. Yet more than 20 years on, justice and accountability are still pending, when it comes to state violence, while a policy of “kill-not-capture” has dominated responses to violent non-state actors, such as Al-Qaeda and ISIS fighters, hampering any efforts at reconciliation and peace, and adding to regional and global injustice and insecurity.