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Internationalized Armed Conflicts in International Law (Hardcover)
Loot Price: R3,901
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Internationalized Armed Conflicts in International Law (Hardcover)
Series: Oxford Monographs in International Humanitarian & Criminal Law
Expected to ship within 10 - 15 working days
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This book provides the first comprehensive analysis of factors that
transform a prima facie non-international armed conflict (NIAC)
into an international armed conflict (IAC) and the consequences
that follow from this process of internationalization. It examines
in detail the historical development as well as the current state
of the relevant rules of international humanitarian law. The
discussion is grounded in general international law, complemented
with abundant references to case law, and illustrated by examples
from twentieth and twenty-first century armed conflicts. In Part I,
the book puts forward a thorough catalogue of modalities of
conflict internationalization that includes outside intervention,
State dissolution, and recognition of belligerency. It then
specifically considers the legal qualification of complex
situations that feature more than two conflict parties and
contrasts the mechanism of internationalization of armed conflicts
with the reverse process of de-internationalization. Part II of the
book challenges the conventional wisdom that members of non-State
armed groups do not normally benefit from combatant status. It
argues that the majority of fighters belonging to non-State armed
groups in most types of internationalized armed conflicts are in
fact eligible for combatant status. Finally, Part III turns to
belligerent occupation, traditionally understood as a leading
example of a notion that cannot be transposed to armed conflicts
occurring in the territory of a single State. By contrast, the book
argues in favour of the applicability of the law of belligerent
occupation to internationalized armed conflicts.
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