A rejoinder to the incidental civilian harm debate, part II: the untenability of understanding incidental as ‘knowingly and willingly’ killing civilians (no matter how many) without ‘desire’, under ICL
[Luigi Daniele is Associate Professor of International Law at the University of Molise, Italy, where he recently moved after working as Lecturer and Senior Lecturer in IHL and ICL at Nottingham Law School (NTU)] The first part of this rejoinder has detailed why ‘incidental’, as qualifier of the foreseeable civilian harm object of proportionality assessments, cannot be understood as synonymous of ‘accidental’ or ‘fortuitous’...