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Full-Text Articles in International Humanitarian Law
The Combatant Status Of The “Little Green Men” And Other Participants In The Ukraine Conflict, Shane R. Reeves, David Wallace
The Combatant Status Of The “Little Green Men” And Other Participants In The Ukraine Conflict, Shane R. Reeves, David Wallace
International Law Studies
As an occupation and a civil war are simultaneously taking place in Ukraine a particularly vexing international law question is presented: what is the legal status of those involved in the hostilities? This article is designed to answer that question and to identify the associated rights, duties and responsibilities of the participants in the conflict.
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
International Law Studies
The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …
Regulating Hostilities In Non-International Armed Conflicts: Thoughts On Bridging The Divide Between The Tadić Aspiration And Conflict Realities, Geoffrey S. Corn
Regulating Hostilities In Non-International Armed Conflicts: Thoughts On Bridging The Divide Between The Tadić Aspiration And Conflict Realities, Geoffrey S. Corn
International Law Studies
International Humanitarian Law (IHL) evolved to strike a rational balance between the necessity of using combat power to defeat enemy opponents, and the humanitarian interest of mitigating the human suffering resulting from armed conflict. Ironically, however, the “type” of conflict most comprehensively regulated by this law—international or inter-State (IACs)—is not the “type” of armed conflict that has been most notable for producing humanitarian suffering since the end of World War II. Instead, non-international armed conflicts (NIACs)—conflicts between States and organized non-State belligerent groups, or even between multiple non-State belligerent groups—have been notorious for their brutality, indifference towards humanitarian restraint, and …