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The issue of counterinsurgency both in terms of practice and theory is debated across academia and within military and policy circles covering all aspects of COIN. There is a notable lack in the literature in how we reconcile COIN both in theory and practice with the ethical concepts laid out in Just War theory particularly jus in bello. Counterinsurgency, in general, challenges the underpinnings of Just War in such a way that makes it necessary to mediate on the Just War criterion in relation to the theory of COIN and how COIN is practiced. This essay will serve as that mediation.