The future of the law of war : the place of the Additional Protocols of 1977 in customary international law
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Comparative and international law journal of Southern Africa, Vol. 14, no. 1, 1981, p. 79-91
Article 1(4) of the First Additional Protocol to the Geneva Conventions extends the definition of international conflicts to include wars of national liberation. This article examines the consequences of this provision for South Africa, which only attended the first session of the 1974-1977 diplomatic conference. Even if South Africa does not become a party to the Additional Protocols, it is not inconceivable that in time the Protocols may be established as reflecting customary international law. The author argues that should South Africa not wish to be bound it would be easier to assert its rejection of the Protocols now than to dispute their customary character at some later stage.