[PDF] Top 20 Will-o' -the-Wisp? The Search for Law in Non-International Armed Conflicts

... First, the assertion that a significant number of rules contained in the Additional Pro- tocols to the Geneva Co n ventions have achieved the status of customary internat i [r] ... See full document

... Extraterritorial Law Enforcement or Transnational Counterterrorist Operations: The Stakes of Two Models, in N EW B ATTLEFIELDS , O LD L AWS : C RITICAL D EBATES ON A SYMMETRIC W ARFARE 23, 35 (William ... See full document

... To get to that analysis, it is important first to interrogate the proposi- tion that the laws of war do not regulate the grounds for detention in NI- ACs. In the balance of this article, I focus on the UK High Court ... See full document

... extra-territorial conflicts against non-state armed groups, this leads to constructive ...classification law in chapter 4 on detention and the use of force is useful for a standalone chapter ... See full document

... of law proscribe the acts of perpetrators committed against members of their own armed forces, so the notion that expansion of Common Article 3 is required to fill a lacunae in enforcement is not supported ... See full document

... between International and Non-International armed conflict has lost its ...and international in ...and non-state forces confined within the borders of one nation were hailed as ... See full document

... transnational armed conflicts give rise to complex problems under humanitarian ...Indeed, non–state actors seldom hold territory in classical sense, and usually, they do not aspire to forcibly take ... See full document

... organized armed group given that it is the elected authority in Gaza and possesses a structured military ...an international armed conflict and, the alternative, that Israel and Hamas were engaged in ... See full document

... of international criminal law and a change in global attitude towards the international regulation of NIAC, the targeting of cultural property by all parties to the conflicts gave addi- tional ... See full document

... and search and so on, but to simultaneously argue that the LTTE ashore remained an OAG whose acts of violence, even if in technical accordance with LOAC, remained charac- terized as criminal acts for which they ... See full document

... Some experts have suggested that the problem be approached from the standpoint of human rights law, and that use be made of existing enforcement machineries, which [r] ... See full document

... facto international- ization of the conflict against Iraqi insurgents could also be made based on a teleo- logical interpretation of IHL in light of its aims and ...to international armed ... See full document

... between international and non-international armed conflicts it can be said that even though there have been strong and valid arguments in favour of the elimination of the distinction, ... See full document

... The law that app li es to the conduct of armed forces in a non-intern ational armed con fl ict is derived from treaty law and customary international law. How- ever, t[r] ... See full document

... 4. that further re search, consultation and discussion are needed to as- sess the most appropriate way to ensure that international humanitarian law remain s p r actical and relevant [r] ... See full document

... to non-international armed con- flicts and cyber warfare remain the subject of some ...that non-State actors currently have, or may develop, is ...a non-State actor could alone trigger ... See full document

... The “frozen conflict” is a m´elange of juridical concepts, invoked to entrench a stalemate between separatist forces and an incumbent govern- ment on the territory of a recognized State. When and with what emphasis a ... See full document

... expected to be "excessive in relation to the concrete and direct military advan tage anticipated."18I nte ntionally launching an attack in the knowledge that it will cause inc[r] ... See full document

... cation Techniques ( ENMOD ) ,3 8 States party undertake not to e ngag e in milital)' or any other hostil e u se of envi ronm ental modification techniques having wide- s[r] ... See full document

... The agree- ment goes further, however-there's a curious provision stating that "unless required by the nonexistence of local courts, courts of the United States[r] ... See full document