The Law of Non-International Armed Conflict
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 August 2012
- ISBN 9780199239795
- Binding Hardback
- No. of pages694 pages
- Size 235x163x43 mm
- Weight 1184 g
- Language English 0
Categories
Short description:
Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.
MoreLong description:
This book brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, Philippines, and Sudan are all considered.
The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.
[Professor Sandesh Sivakumaran] examines the genesis of this novel, interdisciplinary body of law and the way ahead, thereby contributing with a major piece of work in a field . . . that greatly needed further research.
Table of Contents:
Introduction
Part I: Identifying an armed conflict not of an international character
Non-International Armed Conflicts and Internal Tensions and Disturbances
Non-International and international armed conflicts
Part II: Legal Regulation of non-international armed conflict
Ad-hoc Regulation
Attempts at Systematic Regulation
A Body of International Law
The Law and its Acceptance
Part III: the substantive law of non-international armed conflict
Scope of Application
Protection of Civilians, Civilian Objects, and Persons Hors de Combat
Conduct of Hostilities
Part IV: Implementation And Enforcement
Implementation and Non-Judicial Enforcement
Judicial Enforcement
Part V: Concluding Thoughts
Conclusion
