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Some Reflections On The Threshold For International Armed Conflict And On The Application Of The Law Of Armed Conflict In Any Armed Conflict, T.D. Gill
International Law Studies
This essay discusses the threshold of application of international humanitarian law (IHL) in both international (IAC) and non-international armed conflicts (NIAC). In relation to IAC it questions whether the International Committee of the Red Cross (ICRC) “first shot” approach is the most appropriate, since it opens the way for the intensification of conflicts beyond what is necessary in relation to relatively minor armed incidents and argues that the humanitarian protection clauses of IHL should be separated from the rules governing hostilities and makes a case for the application of ad bellum considerations of necessity and proportionality to act as a …
Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre
Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre
International Law Studies
The classification under international humanitarian law of certain cross-border armed conflicts against an organized armed group remains controversial. More specifically, cross-border armed conflicts resulting from a non-consensual State intervention, such as the United States’ intervention in Syria (without Syrian consent) against the Islamic State, still divide legal scholarship regarding their appropriate classification. One theory argues for a single classification of non-international armed conflict between the intervening State and the organized armed group; another theory relies on a double classification of non-consensual State interventions, adding to the non-international armed conflict an international armed conflict between the intervening State and the territorial …