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Books > Social sciences > Politics & government > Political activism > Armed conflict
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The Treatment of Combatants and Insurgents under the Law of Armed Conflict (Hardcover)
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The Treatment of Combatants and Insurgents under the Law of Armed Conflict (Hardcover)
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This book makes the case for eliminating the distinction between
types of armed conflict under international humanitarian law (IHL),
specifically as they apply to persons taking a direct part in the
hostilities - be they soldiers or insurgents. Currently, IHL makes
a distinction between international and non-international armed
conflicts. International armed conflicts are regulated by more
treaties than their non-international counterparts. The regulation
of international armed conflicts is also considerably more
comprehensive than that offered for participants in and victims of
non-international armed conflicts. This bifurcation of the law was
logical at the time the Geneva Conventions of 1949 were drafted and
adopted, as the majority of armed conflicts prior to that point had
been international in character. However, in the years following
the adoption of the Conventions, there has been a proliferation of
non-international armed conflicts, which presents challenges to a
body of law that has few tools to adequately address such
occurrences. The adoption of the Additional Protocols in 1977 went
some way to addressing the legal lacunae that existed, but
significant gaps still remain.
Mindful of this history, this book tracks the growth and evolution
of the laws of armed conflict in the modern era, since the first
document of the laws of war produced for the American Civil War. In
doing so, this book demonstrates how the law of armed conflict has
become increasingly harmonized in its application, with more rules
of IHL being generally applicable in all instances of armed
conflict, regardless of characterization. This book then makes the
argument that the time has come for the final step to be taken, the
elimination of the distinction between types of armed conflict, and
the complete harmonization of the laws of war. Focusing
specifically on the issue of combatants and POWs in armed
conflicts, and drawing on the recent US treatment of detainees in
Guantanamo Bay in the "War on Terror," this book draws on
considerable legal precedent, legal theory, and policy arguments to
make the case that it is time for the law relating to the
regulation of armed conflicts to be more uniformly applied.
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