'War in the Home': An Exposition of Protection Issues Pertaining to the Use of House Raids in Counterinsurgency Operations
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Journal of Military Ethics 6 (3):173-197 (2007)
House raids represent the genre of military acts which fall within the grey zone of war and peace ? counterinsurgency, post-conflict operations, or phase IV operations (a.k.a. Operations Other Than War) ? in which the Geneva Conventions and their Protocols may reveal protection gaps. This article reviews accounts of the execution of house raids contained in the military literature and compares them to the testimony of soldiers and observers recorded in the media. It assesses the relevant provisions of humanitarian law as pertaining to the necessity, distinction, and proportionality of actions. Further, it highlights the specific human rights and humanitarian standards addressing terror, arbitrary intrusion into the home, violations of honor, and humiliation. The conclusion emphasizes the importance of taking into account gender and cultural considerations to properly address the interests of family members ? i.e., women, children, and the elderly who are most affected by house raids
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