The Formation of the Treaty Rules Applicable in Non-international Armed Conflicts
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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The view of the makers of military strategy in early times
From the Lieber Code to the Drafting of Common Article 3
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adoption Amended Protocol analysed anti-personnel mines applicable in non-international armed forces armed groups chapter civilian population Commission committed common article conduct of hostilities Conventional Weapons Convention crimes derogation Diplomatic Conference drafting established evolution fact fighters fighting flicts formation of treaty Furthermore Geneva Conventions human rights law ICRC ICTY impact important internal armed conflicts internal conflicts international and internal International Committee International Criminal Court international humanitarian law international law issue landmines law applicable law of internal law of war Lieber Code military natural law negotiation process NGOs non-international armed conflicts organizations Ottawa Convention particular parties principle prohibited protection Protocol II punishment rebels Red Cross regards relating to internal respect role rules of law situation sovereignty Spanish civil Spanish civil war statute Sun Tzu supra text accompanying footnote theory tion treaty law treaty norms treaty provisions treaty rules United Nations Vattel violations whilst