Chapter

The ILA Use of Force Committee's final report on the definition of armed conflict in international law (August 2010)

International Law Association Committee on the Use of Force

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

Leiden ; Boston : M. Nijhoff, 2012

p. 319-367

English

In May 2005, the Executive Committee of the International Law Association approved a mandate for the Use of Force Committee to produce a report on the meaning of war or armed conflict in international law. The report was motivated by the United States' position following the attacks of 11 September 2001 that it was involved in a "global war on terror". The U.S. position was contrary to a trend by states attempting to avoid acknowledging involvement in wars or armed conflicts. The Committee was asked to study the evidence in international law and report on how international law defines and distinguishes situations of war and peace. Given that important aspects of international law turn on whether a situation is properly defined as armed conflict, providing a clear understanding of what counts as armed conflict would support the proper functioning of the law in general. Most fundamentally, it would support the proper application of human rights law.

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