International Humanitarian Law the Regulation of Armed Conflicts

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

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The application of humanitarian law by the armed forces of the United Nations Organization

International Review of the Red Cross ◽

10.1017/s0020860400066080 ◽

1978 ◽

Vol 18 (206) ◽

pp. 274-284 ◽

Cited By ~ 3

Author(s):

Yves Sandoz

Keyword(s):

United Nations ◽

Armed Forces ◽

Armed Force ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

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The Intricate Relationship between International Human Rights Law and International Humanitarian Law in the European Court for Human Rights Case Law: An Analysis of the Specific Case of Detention in Non-International Armed Conflicts

The Companion to International Humanitarian Law ◽

10.1163/9789004342019_007 ◽

2018 ◽

pp. 115-134

Keyword(s):

Human Rights ◽

Case Law ◽

Armed Conflicts ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

European Court ◽

International Human

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The Netherlands and International Humanitarian Law Applicable in Armed Conflicts

Reflections on the Law of War ◽

10.1163/ej.9789004158252.i-0.50 ◽

2009 ◽

pp. 275-320

Keyword(s):

The Netherlands ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law

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EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

Law Journal of Donbass ◽

10.32366/2523-4269-2021-74-1-20-26 ◽

2021 ◽

Vol 74 (1) ◽

pp. 20-26

Author(s):

Oleksandra Severinova ◽

Keyword(s):

Armed Conflict ◽

Armed Conflicts ◽

Modern World ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Law Of Armed Conflict ◽

The World ◽

History Of ◽

Political Economic ◽

Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

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THE INTERNATIONAL HUMANITARIAN LAW APPLICABLE IN THE NEW TYPES OF ARMED CONFLICTS

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v8i4.1619 ◽

2014 ◽

Vol 8 (4) ◽

pp. 184-193

Author(s):

Nicolae David Ungureanu

Keyword(s):

Second World War ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

World War ◽

Modern Period ◽

Second World

The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.

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III. ASSASSINATION AND TARGETED KILLING—THE KILLING OF OSAMA BIN LADEN

International and Comparative Law Quarterly ◽

10.1017/s0020589311000327 ◽

2011 ◽

Vol 60 (3) ◽

pp. 778-788 ◽

Cited By ~ 1

Author(s):

APV Rogers ◽

Dominic McGoldrick

Keyword(s):

Armed Conflicts ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Applicable Law ◽

Jus Ad Bellum ◽

The Us ◽

Osama Bin Laden ◽

Domestic Law

Osama Bin Laden was killed on 2 May 2011 in the course of an operation by US special forces (Navy Seals) in Abbottabad, Pakistan.1 The US forces were flown by helicopter from neighbouring Afghanistan. The death of Bin Laden renewed questions about the legality of such operations during armed conflicts and during peacetime.2 The potentially applicable law includes international humanitarian law, international human rights law, jus ad bellum and the domestic law of the US and Pakistan.3

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The Geneva Humanitarian Law Conference 1975

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800000710 ◽

1976 ◽

Vol 13 ◽

pp. 295-305 ◽

Cited By ~ 1

Author(s):

L. C. Green

Keyword(s):

Armed Conflict ◽

Armed Conflicts ◽

Red Cross ◽

International Humanitarian Law ◽

Humanitarian Law ◽

International Conflicts ◽

Conventional Weapons

The second session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable to Armed Conflicts met in Geneva from February 3 until April 18, 1975. The purpose of this session of the Conference was the adoption — or perhaps more correctly the successful drafting — of two Protocols to be added to the Geneva Red Cross Conventions of 1949, in order to protect further the victims of international and non-international conflicts respectively; it was also to consider proposals directed to the humanization of methods of warfare, including the prohibition or restriction of conventional weapons considered to be purely indiscriminate or likely to cause an amount of suffering disproportionate to the purpose of the armed conflict.

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The Humanitarian Civilian

10.1093/oso/9780198863816.001.0001 ◽

2021 ◽

Author(s):

Rebecca Sutton

Keyword(s):

Military Training ◽

South Sudan ◽

Armed Conflicts ◽

Everyday Practice ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Civilian Protection ◽

The Hague ◽

The Difference ◽

Directing Attention

In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the Kinetic realm, where distinction is in motion in South Sudan; the Pedagogical realm, where distinction is taught in civil–military training spaces in Europe; and the Intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of ‘civilianness’ in everyday practice. To safeguard their civilian status, and to deflect any qualities of ‘combatantness’ that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian–civilian lines, suggesting that humanitarian actors are longing for something more than civilian status–the ‘civilian plus’. This special status presents a paradox: the appeal to the ‘civilian plus’ undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, it is emphasized that even at the most normative level there is no bright-line distinction to be found.

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Protecting the Environment from the Perspective of the Law of Armed Conflict

International Community Law Review ◽

10.1163/18719732-12341475 ◽

2021 ◽

Vol 23 (2-3) ◽

pp. 252-260

Author(s):

Bartłomiej Krzan

Keyword(s):

Climate Change ◽

Armed Conflict ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Normative Framework ◽

Law Of Armed Conflict ◽

The Law

Abstract The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate change in. The accompanying analysis addresses the respective potential and the ensuing hurdles.

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