International Committee of the Red Cross Library

  • English
  • Français
  • Home
  • Extended Search
  • Search for recent acquisitions
  • Predefined searches
    • Digitized heritage collection on the First Geneva Convention (1864)
      1949 Geneva Conventions : travaux préparatoires and final records
      1977 Additional Protocols : travaux préparatoires and final records
      Annual reports
      e-books

The law of neutrality and the conflict with Al Qaeda / Tess Bridgeman

  • Back to last authority
Save
    • Save

    Please click ob the desired format to save the file

    • PDF
    • Word
    • RTF
Document type:
Article
Title:
The law of neutrality and the conflict with Al Qaeda
Author zone:
Tess Bridgeman
Host item entries:
  • New York University law review, Vol. 85, no. 4, October 2010, p. 1186-1224
Languages:
English
General Note:
Photocopies. - Source : https://www.nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-85-4-Bridgeman.pdf (last accessed on 17.06.2020)
Abstract:
Where, if at all, does the law of neutrality fit into the legal framework governing the conduct of this armed conflict with al Qaeda and associated forces? The author argues that neutrality is one of several principles that ensure the completeness of the modern law of armed conflict (LOAC) framework. The Obama administration has begun to apply analogous provisions of the LOAC rules developed in inter-state wars to its current conflicts - a recognition that this conflict, like all others, should be waged according to a complete legal regime. To date, however, the United States has not recognized the role of neutrality in its conflict with al Qaeda. This Note begins to fill that gap. While arguing that the law of neutrality is more important in this conflict than many others due to the conflict's global nature, this Note concludes that recognizing neutrality will only be a partial solution. Neutrality instructs, however, that the LOAC rules themselves may be applicable almost globally because of the asymmetrical nature of the conflict. The author argues that the central purpose of recognizing neutrality in our current conflicts is to avoid selectively applying parts of a comprehensive legal system, thereby leaving legal black holes in which some individuals have no protection. What matters most is that the intended fundamental feature of the LOAC regime - its completeness - is not abandoned each time a new form of conflict is recognized.
Links:
  • More information is available for logged in users
Authors:
Bridgeman, Tess
Keyword in English:
TERRORISM
IHL (INTERNATIONAL HUMANITARIAN LAW)
LAW OF NEUTRALITY
APPLICABILITY
NON-STATE ARMED GROUP
Keyword in French:
TERRORISME
DIH
DROIT DE LA NEUTRALITE
APPLICABILITE
GROUPE ARME NON ETATIQUE

You might be interested in this too

Call numberDisposability / Due date
352/32 (Br.)Available
List
0 entries
  • No entries found
  • Permalink for this page:

Contact details

ICRC Library
International Committee of the Red Cross
Avenue de la Paix 19, 1202 Geneva, Switzerland
+41 22 730 20 30
library@icrc.org

Opening hours

Monday - Friday

09:00 - 13:00


until 17:00 by prior appointment only

Quicklinks

https://www.icrc.org/en/library
http://blogs.icrc.org/cross-files/

NetBiblio WebOPAC 4.0.0.211 © Copyright 2009 - 2021 AlCoda GmbH Build Date: 03.07.2019