International Law and the Classification of Conflicts
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
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acts Additional Protocol Afghan Afghanistan Al-Qaeda applicable armed forces attacks August authority belligerent occupation ceasefire chapter civilians classification Coalition Colombia combat Common Article conduct of hostilities Congo Court criminal customary international detainees detention discussion extraterritorial FARC fighting foreign Fourth Geneva Convention Gaza Georgia Hamas Hezbollah human rights law Ibid ICRC insurgents international and non-international international armed conflict international humanitarian law international law involved Iraq Iraqi ISAF Israel Israeli issue killed law of armed Lebanese Lebanon military operations MONUC non-international armed conflict non-state actor non-state armed groups non-state group Northern Ireland Operation Phoenix organized armed groups Palestinian paras participation in hostilities parties PIRA President Prosecutor protection Protocol II question regard relevant Report responsibility rules Russian Federation Rwanda SC res situation South Ossetia status Tadić Taliban targeting territory terrorism terrorist Third Geneva Convention threshold treaty Uganda Unlawful Combatants violations warfare Zaire