The meaning of armed conflict : non-international armed conflict
Author zone:
Christine Gray
In:
What is war ? : an investigation in the wake of 9/11
Editor:
Leiden ; Boston : M. Nijhoff, 2012
Physical description:
p. 69-95
Languages:
English
Abstract:
There is a growing perception that the existence of different regimes - one governing international armed conflict and on governing non-international armed conflict, with late and limited provision made for the latter - is not satisfactory, given the humanitarian concerns common to both. Classification is difficult for tribunals - as the author reviewing the cases of the international tribunals and the US Supreme Court - concludes. In theory it is even more difficult for those actually involved in armed conflict, but in practice there is little or no question of classification affecting behaviour. The experience of the International Criminal Tribunal for ex-Yugoslavia indicates that ex post facto decision-making by criminal tribunals is unlikely to increase the effectiveness of international humanitarian law in conflict.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more