HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Thursday, December 16, 2021

The Resort to Military Force in the COVID-19 Health Emergency: A Justification

Živorad Rašević, The Resort to Military Force in the COVID-19 Health Emergency: A Justification, SSRN (2021):

The COVID-19 pandemic has been mobilizing the full capacities of societies worldwide to respond to unprecedented threats to national and human security. In many cases, emergency measures have involved military support to civil institutions, including law enforcement operations. This paper aims to better understand the legality and legitimacy of these military operations, using hermeneutic, comparative, and survey methodology. It is based on the assumptions that international human rights standards crucially determine moral requirements for domestic use of military force and that just war theory can be equally helpful in the decision-making on domestic military operations in such circumstances. This study assesses the justification of current military enforcement and recommends criteria for future emergencies.

https://lawprofessors.typepad.com/healthlawprof_blog/2021/12/the-resort-to-military-force-in-the-covid-19-health-emergency-a-justification.html

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