Kress, Claus (2014). Towards further developing the law of non-international armed conflict: a proposal for a jus in bello interno and a new jus contra bellum internum. Int. Rev. Red Cross, 96 (893). S. 30 - 45. CAMBRIDGE: CAMBRIDGE UNIV PRESS. ISSN 1607-5889
Full text not available from this repository.Abstract
Since 1945, most armed conflicts have occurred between States and rebels or between non-State armed groups within fragile or failed States. Currently, the tragedies in Iraq, Syria and the Ukraine teach us just another lesson that the civil war is one of the major evils of our time. In recognition of this fact, the law of non-international armed conflict, in particular since the first half of the 1990s, has undergone a stormy development. This has led to the remarkably far-reaching assimilation between that body of law and that of international armed conflict. This legal development is Janus-headed: on the one hand, it is characterized by the humanization of the law of non-international armed conflict, but on the other, rules on the conduct of hostilities have crystallized and their denomination as humanitarian is somewhat euphemistic. It appears worth asking whether the recent development of the law of non-international armed conflict should be complemented through a new international law against non-international armed conflict. The ongoing controversy in legal policy about a possible privilege of combatancy for non-State fighters should be discussed in such a new light.
| Item Type: | Journal Article | ||||||||
| Creators: |
|
||||||||
| URN: | urn:nbn:de:hbz:38-445333 | ||||||||
| DOI: | 10.1017/S1816383114000423 | ||||||||
| Journal or Publication Title: | Int. Rev. Red Cross | ||||||||
| Volume: | 96 | ||||||||
| Number: | 893 | ||||||||
| Page Range: | S. 30 - 45 | ||||||||
| Date: | 2014 | ||||||||
| Publisher: | CAMBRIDGE UNIV PRESS | ||||||||
| Place of Publication: | CAMBRIDGE | ||||||||
| ISSN: | 1607-5889 | ||||||||
| Language: | English | ||||||||
| Faculty: | Faculty of Law | ||||||||
| Divisions: | Faculty of Law > Strafrecht > Institut für Straf- und Strafprozessrecht | ||||||||
| Subjects: | Law | ||||||||
| Uncontrolled Keywords: |
|
||||||||
| Refereed: | Yes | ||||||||
| URI: | http://kups.ub.uni-koeln.de/id/eprint/44533 |
Downloads
Downloads per month over past year
Altmetric
Export
Actions (login required)
 |
View Item |