Al Qaeda in the Arabian peninsula through the framework of international humanitarian law
Author zone:
Simon Henderson
Host item entries:
Al Nakhlah : online journal on Southwest Asia and Islamic civilization, Spring 2012, 12 p.
Languages:
English
General Note:
Photocopies
Abstract:
This paper argues that international humanitarian law can encompass transnational armed conflicts. The author draws specifically upon Common Article 2 and 3 of the 1949 Geneva Conventions to discuss the case of Al-Qaeda in the Arabian Peninsula and the involvement of Yemen, Saudi Arabia and the US, arguing that this case fits the criteria of a transnational conflict. He suggests that where an armed conflict has not developed, states should be resorting to criminal law enforcement and international cooperation wherever possible, while protecting human rights. Finally, the author points out that the practical realities can make it difficult to apply this framework.
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