Chapter

Conflict classification and the law applicable to detention and the use of force

Jelena Pejic

International law and the classification of conflicts

Oxford : Oxford University Press, 2012

p. 80-116

English

This chapter examines two of the main 'baskets' of rules making up international humanitarian law: the norms governing the deprivation of liberty of persons and those regulating the use of force, with a view to identifying —in summary form— what the existing law is and where it may be lacking in the face of 'new' conflict classifications. In each section of this chapter, the interplay between international humanitarian law and human rights law is also discussed. Part 2 provides an overview of the principal sources of law applicable to armed conflict and to other situations of violence that do not meet that treshold. Part 3 focuses on the rules governing detention in armed conflict, with a particular emphasis on procedural safeguards in internment, as well as the legal and practical issues related to the transfer of detainees. Part 4 outlines the rules governing the use of force in armed conflict and outside of it, highlighting especially the issue of the interface between international humanitarian law and human rights law. Part 5 offers some concluding remarks.

• International law and the classification of conflicts / ed. by Elizabeth Wilmshurst ; Steven Haines... [et al.]