Pub Date : 1900-01-01DOI: 10.1163/9789004242104_008
Y. Dinstein
T Newport conference has covered a large number of issues pertaining to non-international armed conflicts (NIACs), as compared to international armed conflicts (LACs). In these concluding remarks, I shall focus on six main themes: (i) the proper definition of a NIAC; (ii) the thresholds of armed conflicts; (iii) the application of the jus in bello in a NLAC; (iv) the various types of recognition relevant to a NLAC; (v) intervention by a foreign country in a NlAC; and (vi) the interaction between NIACs and lACs.
{"title":"Concluding Remarks on Non-International Armed Conflicts","authors":"Y. Dinstein","doi":"10.1163/9789004242104_008","DOIUrl":"https://doi.org/10.1163/9789004242104_008","url":null,"abstract":"T Newport conference has covered a large number of issues pertaining to non-international armed conflicts (NIACs), as compared to international armed conflicts (LACs). In these concluding remarks, I shall focus on six main themes: (i) the proper definition of a NIAC; (ii) the thresholds of armed conflicts; (iii) the application of the jus in bello in a NLAC; (iv) the various types of recognition relevant to a NLAC; (v) intervention by a foreign country in a NlAC; and (vi) the interaction between NIACs and lACs.","PeriodicalId":128071,"journal":{"name":"Israel Yearbook on Human Rights, Volume 42 (2012)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116244687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/9789004242104_002
J. Murphy
I n his remarks as a member of the Types of NlACs and Applicable Law Panel at the Naval War College's International Law Conference on Non-International Armed Conflict in the 21st Century, held from June 21 to 23, 2011, David Graham described the lawofnon-internationaI armed conflict as being located at the "vanishing point of the law of war." This is not surprising, because. as Graham further noted, States resist the application of international law to their struggles with rebels. In particular, they resist according status to rebels by applying the law of armed conflict (LOAC) to them. Rather, they prefer to deal with rebels under their own national criminal laws. free from any constraints that might be imposed by the law of armed conlliet. For example. Charles Garraway, speaking on the same panel as Graham, pointed out that the United Kingdom never acknowledged "the Troubles" in Northern Ireland as an "armed conflict" to which the law of armed conflict might apply. From a historical perspective, express treaty law governing non-international armed conflict was formerly virtually non-existent. After the carnage of World War II, and the extreme brutality of the Nazi Germany fo rces, however, there was a
{"title":"Will-o'-the Wisp? The Search for Law in Non-International Armed Conflicts","authors":"J. Murphy","doi":"10.1163/9789004242104_002","DOIUrl":"https://doi.org/10.1163/9789004242104_002","url":null,"abstract":"I n his remarks as a member of the Types of NlACs and Applicable Law Panel at the Naval War College's International Law Conference on Non-International Armed Conflict in the 21st Century, held from June 21 to 23, 2011, David Graham described the lawofnon-internationaI armed conflict as being located at the \"vanishing point of the law of war.\" This is not surprising, because. as Graham further noted, States resist the application of international law to their struggles with rebels. In particular, they resist according status to rebels by applying the law of armed conflict (LOAC) to them. Rather, they prefer to deal with rebels under their own national criminal laws. free from any constraints that might be imposed by the law of armed conlliet. For example. Charles Garraway, speaking on the same panel as Graham, pointed out that the United Kingdom never acknowledged \"the Troubles\" in Northern Ireland as an \"armed conflict\" to which the law of armed conflict might apply. From a historical perspective, express treaty law governing non-international armed conflict was formerly virtually non-existent. After the carnage of World War II, and the extreme brutality of the Nazi Germany fo rces, however, there was a","PeriodicalId":128071,"journal":{"name":"Israel Yearbook on Human Rights, Volume 42 (2012)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131794726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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