EJIL : Debate!

• Goodman, Ryan

Abstract

I wrote the article, ‘The Power to Kill or Capture Enemy Combatants’, to correct an oversight in recent law of armed conflict (LOAC) scholarship and practice. In the article, two of the leading LOAC experts with whom I disagree are Colonel Hays Parks and Professor Michael Schmitt. In his Reply to my article, Professor Schmitt thoughtfully engages with my analysis. His representation of my argument is fair, and he interrogates the merit of my position squarely. In addition, he shows a willingness to modify his earlier positions in light of my research,<cross-ref type="fn" refid="fn0001">1</cross-ref> another feature of his writing that demonstrates an extraordinary quality of mind and intellectual character. I am honoured to engage with his ideas in this Rejoinder. First, I discuss Professor Schmitt and my points of agreement and the significance of our shared understanding for the kill-or-capture debate. Secondly, I examine the content and importance of our remaining disagreement.