Internationalized Armed Conflicts in International Law

Internationalized Armed Conflicts in International Law
Author: Kubo Macak
Publisher: Oxford University Press
Total Pages: 321
Release: 2018-07-12
Genre: Law
ISBN: 0192551787

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.

International Law and the Classification of Conflicts

International Law and the Classification of Conflicts
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
Total Pages: 568
Release: 2012-08-02
Genre: Law
ISBN: 0191632236

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.

Foreign Armed Intervention in Internal Conflict

Foreign Armed Intervention in Internal Conflict
Author: Antonio Tanca
Publisher: BRILL
Total Pages: 244
Release: 2023-09-25
Genre: Law
ISBN: 9004636080

The main aim of this book is to inquire into the system of norms regulating the `internationalization' of internal conflicts. The traditional distinction between international and internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful and extraordinarily useful examination of all relevant cases of `internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a continuum between the two situations, not only as a matter of fact but also with respect to their legal regulation.

The Internationalization of Internal Conflicts

The Internationalization of Internal Conflicts
Author: Amy L. Freedman
Publisher: Routledge
Total Pages: 288
Release: 2016-04-29
Genre: History
ISBN: 1134904282

Internal security crises, from environmental disaster, extreme poverty and deprivation, armed conflicts, or ethnic or religious conflict, provide sites of opportunity for those seeking to internationalize conflicts. Domestic conflicts in Africa, the Middle East, and Southeast Asia have started as internal problems, but have taken on regional and international dimensions as parties to the conflict within the country and sympathetic external forces have joined forces with each other for mutual gain. This book examines the international dimension to internal conflicts and asks: under what conditions do domestic conflicts become opportunities for regional or global actors to become involved? Why have some countries been able to successfully deal with this problem while others have not? Who are the actors who seek to internationalize conflicts? Why and with what means do they become involved and how do their agendas get internalized/localized? Cases include: the separatist movements in the Philippines, Southern Thailand, Aceh (Indonesia); and the civil wars in Rwanda/Congo, and Sierra Leone/Liberia, Lebanon, and Iraq. This book finds that a combination of greater democratization internally, coupled with constructive outside mediation efforts, can produce conditions necessary to prevent conflicts from escalating or diffusing, and can facilitate peace-building. Several chapters in this book were originally published as a special issue of Asian Security.

Foreign Intervention in Civil Wars

Foreign Intervention in Civil Wars
Author: Jung-Yeop Woo
Publisher: Cambridge Scholars Publishing
Total Pages: 165
Release: 2017-08-21
Genre: Political Science
ISBN: 1527500470

This book identifies the conditions under which foreign countries intervene in civil wars, contending that we should consider four dimensions of civil war intervention. The first dimension is the civil war itself. The characteristics of the civil war itself are important determinants of a third party’s decision making regarding intervention. The second dimension is the characteristics of intervening states, and includes their capabilities and domestic political environments. The third is the relationship between the host country and the intervening country. These states’ formal alliances and the differences in military capability between the target country and the potential intervener have an impact on the decision making process. The fourth dimension is the relationship between the interveners. This framework of four dimensions proves critical in understanding foreign intervention in civil wars. Based on this framework, the model for the intervention mechanism can reflect reality better. By including the relationships between the interveners here, the book shows that it is important to distinguish between intervention on the side of the government and intervention on behalf of the opposition. Without distinguishing between these, it is impossible to consider the concepts of counter-intervention and bandwagoning intervention.

Classification of Conflicts in International Humanitarian Law

Classification of Conflicts in International Humanitarian Law
Author: Noam Zamir
Publisher: Edward Elgar Publishing
Total Pages: 281
Release: 2017-02-24
Genre: Law
ISBN: 1785367900

Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.

Elusive Peace

Elusive Peace
Author: C. Rojas
Publisher: Springer
Total Pages: 264
Release: 2016-09-23
Genre: Political Science
ISBN: 1137091053

This book analyzes the first stage of the conflict in Colombia, the twenty-year search for a negotiated settlement which concluded in 2002 with the collapse of peace negotiations, and the transition that took place in 2002 to a new approach to peacemaking under the Uribe administration. Contributors examine the local, regional and international dynamics of the conflict, focusing on the effect of US foreign policy on Colombia and neighboring countries. Included also is discussion of the Colombian drug trade and its impact on attempts for peace and the country's economy; the evolution of Pastrana's 'Plan Colombia'; internal conflict; and the effects of indigenous movements on the current conflict.

Civil and Uncivil Violence in Lebanon

Civil and Uncivil Violence in Lebanon
Author: Samir Khalaf
Publisher: Columbia University Press
Total Pages: 395
Release: 2002
Genre: History
ISBN: 0231124775

Khalaf argues that historically internal grievances have been magnified or deflected to become the source of international conflict. From the beginning, he shows, foreign interventions have consistently exacerbated internal problems."--BOOK JACKET.