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The concept of non-international armed conflict in international humanitarian law
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ISBN: 1107207827 1282558412 9786612558412 0511713673 0511722982 0511712847 0511714920 0511712111 0511716176 9780511712845 9780511714924 0521760488 9780521760485 9780511712111 9780511722981 Year: 2010 Volume: 65 Publisher: Cambridge New York Cambridge University Press

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Abstract

Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

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