The Law of Non-International Armed Conflict

Paperback | June 18, 2014

bySandesh Sivakumaran

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The Law of Non-International Armed Conflict brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law,international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in themid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, the Philippines, and Sudan are all considered.The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups,particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is alsoconsidered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.

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The Law of Non-International Armed Conflict brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law,international criminal law, and international human r...

Sandesh Sivakumaran is Associate Professor and Reader in Public International Law at the School of Law, University of Nottingham. He has worked at the International Court of Justice, the International Criminal Tribunal for the former Yugoslavia, and the Special Court for Sierra Leone, and has acted as an expert for intergovernmental a...
Format:PaperbackDimensions:696 pagesPublished:June 18, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198722281

ISBN - 13:9780198722281

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Table of Contents

IntroductionPart I: Regulating Non-International Armed Conflicts1. Ad-hoc Regulation2. Systematic Regulation through International Humanitarian Law3. Regulation through a Body of International Law4. The Sources of the Law of Non-International Armed ConflictPart II: The Substantive Law of Non-International Armed Conflict5. Identifying a Non-International Armed Conflict: Armed Conflicts and Internal Tensions and Disturbances6. Identifying a Non-International Armed Conflict: International and Non-International Armed Conflicts7. Scope of Application8. Protection of Civilians and Persons Hors de Combat9. Conduct of Hostilities10. Implementation and Non-Judicial Enforcement11. Judicial EnforcementPart III: Moving Forward12. Developments Needed in the LawConclusion

Editorial Reviews

"This is a rich and lengthy book. It is also courageous: Sivakumaran does not shy away from discussing some of the most debatable issues in international humanitarian law." --Noam Zamir, Cambridge Journal of International and Comparative Law