Chapter

The meaning of armed conflict : non-international armed conflict

Christine Gray

What is war ? : an investigation in the wake of 9/11

Leiden ; Boston : M. Nijhoff, 2012

p. 69-95

English

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.

• What is war ? : an investigation in the wake of 9/11 / ed. by Mary Ellen O'Connell