International Law

Non-International Armed Conflicts in International Law 2nd Edition

By Yoram Dinstein
Cambridge University Press March 2021

Specifications

ISBN-13
9781108799447
Publisher
Cambridge University Press
Publication
March 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

  • Holistic analysis of non-international armed conflicts that goes beyond the conduct of hostilities
  • Draws on detailed research and primary sources in examining treaty texts and customary law, with an emphasis on judgments of international courts and tribunals
  • Avoids the pitfalls of wishful thinking by following the law as it is, not as it perhaps should be
  • A new updated edition revised to reflect up-to-date developments

Table of Contents

1. The framework
2. The preconditions of a NIAC
3. Thresholds and interaction of armed conflicts
4. Fighters, civilians and ioniac
5. Foreign intervention in a NIAC
6. Recognition
7. State responsibility
8. The principal ioniac treaty provisions
9. Additional treaty texts
10. NIAC war crimes
11. Loniac customary international law
12. Loniac and human rights law
Conclusions
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