Internationalisation of armed conflicts due to third State involvement 70 years after the adoption of the Geneva Conventions
70 Jahre Genfer Konventionen : Stand und Perspektiven des humanitären Völkerrechts
Berlin : Berliner Wissenschafts-Verlag, 2021
If the majority of the rules of IHL now also apply in times of non-international armed conflicts, differences remain and it continues to be vital to determine the character of a conflict for the purposes of international criminal law. One particular aspect impacting the classification of conflicts is the involvement of a third State on the side of an armed group fighting a government. This article compares the standards developed by the ICJ and the ICTY to assess the involvement of a third state. Looking at case law, it argues that the adoption of the ICTY's lower 'overall control' standard, in contrast to the ICJ's original 'effective control' standard, may raise fair trial rights questions.
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