Prior to the progressive development of the law of armed conflict
heralded by the 1949 Geneva Conventions - most particularly in
relation to the concepts of international and non-international
armed conflict-the customary doctrine on recognition of
belligerency functioned for almost 200 years as the definitive
legal scheme for differentiating internal conflict from "civil
wars", in which the law of war as applicable between states applied
de jure. Employing a legal historical approach, this book describes
the thematic and practical fundamentals of the doctrine, and
analyzes some of the more significant challenges to its
application. In doing so, it assesses whether, how, and why the
doctrine on recognition of belligerency was considered "fit for
purpose," and seeks to inform debate as to its continuity and
utility within the modern scheme of the law of armed conflict.
General
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