Non International Armed Conflict In The Twenty First Century

Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.

International Law Studies, Volume 88. Edited by Kenneth Watkin and Andrew J. Norris. Contains papers from the conference: "Non-International Armed Conflict in the 21st Century" hosted by the Naval War College on June 21-23, 2011. Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.

Symposium on International Law and Armed Conflict in September 2008 at the University of the West of England (UK).--Preface.

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

1136.85

"Written largely by a group of young scholars of diverse backgrounds, the essays reflect views and voices that are not always heard above the Anglo-American din. The volume provides a resource for scholars and policymakers alike, enriching the current debate and making more fruitful the international dialogue between North and South."--BOOK JACKET.

This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more. Published under the Transnational Publishers imprint.