Timelines, borderlines and conflicts The historical evolution of the legal divide between international and non-international armed conflicts

被引:21
作者
Bartels, Rogier [1 ]
机构
[1] Univ Amsterdam, Res Programme Role Law Armed Conflict & Peace Ope, NL-1012 WX Amsterdam, Netherlands
关键词
D O I
10.1017/S1816383109990191
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Calls have been made in recent years for the legal distinction between international and non-international armed conflicts to be removed. Also as of late, confusion regarding the applicable legal regime has been created by so-called transnational conflicts involving non-state entities. These situations do not fit naturally into the two traditional types of armed conflict recognized by IHL from 1949 onwards. The present article centres on how the legal divide that still exists between international and non-international armed conflict can be explained historically. It aims to further the discussion on whether such a distinction is still relevant, as well as on how certain situations could be classified in the existing typology of IHL.
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页码:35 / 67
页数:33
相关论文
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