The Formation of the Treaty Rules Applicable in Non-international Armed Conflicts

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Martinus Nijhoff Publishers, 2006 - Political Science - 168 pages
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The purpose of this work is to trace the processes that led and continue to lead to the formation of the treaty norms applicable in non-international armed conflicts. If the purpose of humanitarian law is to achieve a balance between military necessity and humanitarian considerations and to prevent unnecessary suffering and destruction, humanitarian law rules should be equally applicable to both international and internal armed conflicts. Whilst, however, there are a huge number of treaty provisions applicable to international armed conflicts, very few provisions are specifically designed to regulate non-international armed conflicts despite the dramatic increase in the number of such conflicts. The study investigates the reasons behind the differences by analysing, "inter alia," questions such as: Where does the international law of internal armed conflicts come from? Why did it evolve differently from the law regulating international armed conflicts? Where is the international law of internal armed conflicts going?
 

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Contents

The Evolution of the Concept of NonInternational Armed
1
The doctrine of natural law and the social contract
9
Noninternational armed conflicts in the work of
15
The view of the makers of military strategy in early times
23
From the Lieber Code to the Drafting of Common Article 3
29
Table of Contents
61
Protocol II Additional to the Geneva
99
A Dramatic Increase in the Number
113
Reaching an Agreement on Criminalizing the Violations
135
Conclusions
159
Index
165
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About the author (2006)

Laura Perna holds a master's degree and a Ph.D. from the University of Essex , School of Law. A registered lawyer in Italy, she has also worked with the OSCE in the Balkans. Her current research interests include Humanitarian Law and Public Health.

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