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- Law of Armed Conflict (3)
- International armed conflict (2)
- Non-international armed conflict (2)
- Use of Force (2)
- Armed force (1)
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- Child law (1)
- Conflict classification (1)
- Conflict conclusion (1)
- Conflict settlement (1)
- Human Rights Law (1)
- Non-consensual state intervention (1)
- Normative conflict (1)
- Prohibition on Intervention; Cyber Operations; Customary International Law; Special Committee on Friendly Relations; Nicaragua Case; Coercion; Interpretation of Opinio Juris (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
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 …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Law Studies
The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
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 …
The Prohibition On Intervention Under International Law And Cyber Operations, Ori Pomson
The Prohibition On Intervention Under International Law And Cyber Operations, Ori Pomson
International Law Studies
Given that cyber technologies have made way for attempts to influence the affairs of other States in novel and unique ways, scholars have turned to the international legal rule which is prima facie most relevant in addressing such meddling; namely, the prohibition on intervention. Moreover, there appears to be quite a wide-ranging consensus in scholarship that the prohibition on intervention applies to a broad range of cyber operations. In contrast to such scholarship, this article argues that, under the lex lata, the prohibition on intervention only applies to acts amounting to a use of force or constituting support for …