AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
Tadic armed conflict definition1/20/2024 ![]() ![]() A prominent view holds that violence between a State and a non-state organized armed group must reach a significant level of intensity to constitute a NIAC. The competing perspectives on this issue can be boiled down to two major positions. ![]() On our view, however, current discussions of this topic are incomplete, and we thus offer our analysis here as a corrective. In other words, the stakes are quite high. Others believe that, in some situations, the law of armed conflict is the only potential source of international law imposing meaningful restrictions on the use of force, detention power, and other measures, and thus that application of the law of armed conflict is, in effect, restrictive. ![]() Many believe that the law of armed conflict, when it is applicable, displaces as lex specialis some of the protections afforded by otherwise applicable international human rights law and that application of the law of armed conflict to a given situation thus introduces a “more permissive” set of legal rules for the use of lethal force. When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)? That question has been at the core of law and policy debates-since the drafting of the 1949 Geneva Conventions, and reinvigorated by a series of legal issues post September 11th. ![]()
0 Comments
Read More
Leave a Reply. |