The beginning of application of international humanitarian law: A discussion of a few challenges

Autor:	Julia Grignon
Rok vydání:	2014
Předmět:	Sociology and Political Science State (polity) media_common.quotation_subject Political science Key (cryptography) Single point Law International humanitarian law media_common Law and economics
Zdroj:	International Review of the Red Cross. 96:139-162
ISSN:	1607-5889 1816-3831
DOI:	10.1017/s1816383115000326
Popis:	This article discusses some of the challenges related to the beginning of application of international humanitarian law (IHL). It concludes that IHL pertaining to international armed conflicts begins to apply as soon as one State employs force in the territory of another State without the latter's consent, provided that the violence is of a collective nature. In the case of non-international armed conflicts, this article acknowledges that it is now well settled that the two key criteria are the organization of the parties to the conflict and the level of intensity of the violence. This article shows however that some of the challenges inherent to the beginning of application of IHL make it almost impossible to identify a very single point in time at which it begins to become applicable, be it for international armed conflicts, including occupation, or non-international armed conflicts.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::0a98eed0b0f0862c31a8f4f8aec29a37 https://doi.org/10.1017/s1816383115000326 Zobrazit plný text záznamu