Chapter

The globalisation of non-international armed conflicts

Pavle Kilibarda and Gloria Gaggioli

The grey zone : civilian protection between human rights and the laws of war

Oxford [etc.] : Hart, 2018

p. 117-155

English

This chapter analyses the phenomenon of globalisation of non international armed conflicts (NIAC) both with respect to their typology and the geographical scope of application of IHL. It examines the position of key stakeholders - states as well as non-state actors such as the ICRC - with respect to various landmark situations since the adoption of the 1949 Geneva Conventions. The authors show the various ways in which the 'over-classification' of situations of armed violence as NIACs, particularly in the context of the fight against terrorism, may lead to a lesser scope of protection afforded to the civilian population. Bearing in mind existing conflict situations, they revisit the question of typology of extraterritorial NIACs and that of the geographical scope of application of IHL, and offer their recommendations on how to meet persisting challenges to the protection of civilians with reference to other branches of international law such as IHRL.

• Full text (restricted access : ICRC)

• The grey zone : civilian protection between human rights and the laws of war / ed. by Mark Lattimer and Philippe Sands