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International Humanitarian Law

Notre Dame Law School

2020

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Irreconcilable Differences: The Thresholds For Armed Attack And International Armed Conflict, Laurie R. Blank Nov 2020

Irreconcilable Differences: The Thresholds For Armed Attack And International Armed Conflict, Laurie R. Blank

Notre Dame Law Review

This Article explores the gap between the definition of armed attack and the threshold for international armed conflict to identify such possible consequences of the different definitions for the application of either or both bodies of law and to consider whether efforts to reconcile the different meanings are feasible and, more importantly, desirable or problematic. The first Part briefly presents the definition of armed attack and the threshold for international armed conflict, with a focus on the purpose of the particular thresholds and definitions for the two terms in order to provide a foundation for the main comparisons and discussion …