Non-combatant Immunity as a Norma of International Humanitarian Law

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Martinus Nijhoff Publishers, Apr 8, 1993 - Law - 199 pages
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Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
 

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Contents

THE DEVELOPMENT OF NONCOMBATANT IMMUNITY
10
The Development of NonCombatant Immunity Against
16
Conclusion
27
SelfDefence
35
Conclusion
41
The Ambit of the Legal Right to SelfDetermination
50
Changes in the Style of Warfare The Rise of Guerilla
56
THEORIES
59
FURTHER ASPECTS OF PROTOCOL I WHICH AFFECT
100
Conclusion
106
Conclusion
122
NONCOMBATANT IMMUNITY AS A CUSTOMARY NORM
132
NonCombatant Immunity as a Customary Rule
142
Conclusion
159
The Current Attitude of States Towards Protocol II
179
INDEX
194

Conclusion
81

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