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Anthony Cullen advances an argument for a particular approach to
the interpretation of non-international armed conflict in
international humanitarian law. The first part examines the origins
of the 'armed conflict' concept and its development as the lower
threshold for the application of international humanitarian law.
Here the meaning of the term is traced from its use in the Hague
Regulations of 1899 until the present day. The second part focuses
on a number of contemporary developments which have affected the
scope of non-international armed conflict. The case law of the
International Criminal Tribunals for the former Yugoslavia has been
especially influential and the definition of non-international
armed conflict provided by this institution is examined in detail.
It is argued that this concept represents the most authoritative
definition of the threshold and that, despite differences in
interpretation, there exist reasons to interpret an identical
threshold of application in the Rome Statute.
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