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Index

Published online by Cambridge University Press:  09 January 2020

Ziv Bohrer ,
Janina Dill  and
Helen Duffy
Ziv Bohrer
Affiliation:
Bar-Ilan University, Israel
Janina Dill
Affiliation:
University of Oxford
Helen Duffy
Affiliation:
Universiteit Leiden

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Chapter
Information
Law Applicable to Armed Conflict , pp. 280 - 288
Publisher: Cambridge University Press
Print publication year: 2020
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Index

accountability, investigation and, 95–99
ACHPR. See African Commission on Human and Peoples’ Rights
acquisition of territory. See occupation of territory
Additional Protocols to Geneva Conventions (1977)
combatant/non-combatant distinction, 120
human rights and, 5
IACs and, 2
NIACs and, 3
African Commission on Human and Peoples’ Rights (ACHPR)
co-applicability of IHL and IHRL, 64–65
geographical applicability (ratione loci) of IHRL, 50, 52
Akande, Dapo, 240
Aldrich, George, 114, 155
Al-Qaeda. See terrorism
applicable law. See co-applicability of IHL and IHRL; human rights; international humanitarian law (IHL); peacetime violence; transnational conflicts
Aristotle, 115
armed conflict. See also classification of conflicts; international armed conflicts; non-international armed conflicts; transnational conflicts; use of force
applicability of law of, 1
armed attacks, definition of, 254
battle as legal concept, 127
boundaries of, 4
causes of indeterminacies in law of, 196
civilian participation, 120, 129
classification of conflicts. See classification of conflicts
combatant/non-combatant distinction, 119–127
complexity of, 17–18
crisis narratives, 118
determination of existence of, 235
distinctiveness of current conflicts, 135
existence of, 22–24
historical development of law of war, 127
irregular fighting, rise of, 120, 127–133
legal controversies, 10
moral approach to. See morality
normative approach to, 11
‘overlapping consensus’ on law of, 278
protracted armed confrontations as, 201
reduction in casualties, 134
technological developments, 133–139
total warfare, 128
traditional warfare, reduction of, 127–133
Trialogue approach to, 10–14, 266
battle as legal concept, 127
Baxter, Richard, 15
bearers
duty-bearers, 22–39
rights-bearers, 43–44
Ben-Naftali, Orna, 173
Berman, Paul, 136
Brussels Declaration (1874), combatant/non-combatant distinction, 120
Bush, George W., 137
Charter of the UN. See United Nations
chivalry as obligation, 125
Churchill, Winston, 120, 133
civil disturbances. See peacetime violence
civil wars. See non-international armed conflicts
civilians
civilian/combatant distinction, 119–127, 191
obligation to investigate deaths of, 96
participation in wars, 120, 129
review of detention of, 87
right to life under IHL, 206–213
clarity of legal concepts and definitions, 115
classification of conflicts
Aristotle and, 115
armed confrontations other than IAC or NIAC, 239
clarity of legal concepts and definitions, 115
conclusions of Trialogue as to, 266–268, 278
core jurisdictional struggle, 108
critical legal studies approach, 122
disputes over (‘classification crisis’), 107
formalist approaches, 107
generally, 4, 16, 106
IACs, 24–32, 239–241
importance of, 106
intensity as measure of conflict, 236
internal confrontations encroaching on neighbouring State, 240
internal confrontations with international support for non-State party, 240
internal confrontations with international support for State party, 240
level of use of force, 25–26
NIACs, 32, 237, 239–241
novel wars, 108, 109, 173
Plato and, 115
pluralist approaches, 108
social discourse approaches, 107
transnational confrontations between State and non-State parties entirely within non-consenting third State, 240
types of armed conflict, 235–241
violent confrontations as armed conflict, 235–239
wartime/peacetime divide, 112–119
Clausewitz, Carl von, 120, 127, 170
CLS. See critical legal studies
co-applicability of IHL and IHRL
acceptance of complexity of, 100, 103
adjudication, role of, 104
adjudicatory approaches to, 59–64
challenges of, 101, 104
concept of, 12, 15
conclusions of Trialogue on, 278
confirmation of shift towards, 19–20
conflict between IHL and IHRL, 202
contextual approach, 71, 79–83, 103
continued relevance of non-prioritised body of norms, 82–83
denial of applicability, 99
factors for development of, 100
general recognition of, 99
harmonious interpretation and, 71, 72–74, 103
human rights approach, 101
identification of particular context within conflict, 81
identification of specific norms, 82, 102
importance, 100
increase in adjudication, 54–58
increase in level of engagement, 101
international adjudication and, 54–71
interplay of primary and secondary norms, 71, 77–78
interpretive approach, 71, 78–79
legal mechanisms of coordination, 270–273
lex specialis approach, 71, 74–77
normative perspectives on, 273–277
norm-by-norm analysis, 80
practical issues, 83
prioritisation of norms, 71
proportionality, 191
rights of disempowered individuals, 187
States and, 102
type of conflict as factor, 81–82
combatant/civilian distinction, 119–127, 191
Communism and terrorism, 137
core jurisdictional struggle
arising of, 108, 164, 167, 168, 171, 173, 181
causes of, 175
core jurisdictional narratives, 167
effects of, 169
IHL, 108, 196
IHRL, 171–195
rejection of pluralism, 108
Corn, Geoffrey S., 6, 151
counter-terrorism. See terrorism
courts and tribunals
‘age of adjudication’ and, 20
classification of conflicts, 26
co-applicability of IHL and IHRL, 54–71, 101, 104
extraterritoriality of IHRL, 179
geographical applicability (ratione loci) of IHL, 46
intensity of NIACs, 32
lawfulness of detention in NIACs, 68–71, 84, 187
obligation to investigate and prosecute war crimes, 97
parties to NIACs, 34
targeted killings, 91
Cover, Robert, 176, 177, 186
Creasy, Edward, 120
crime. See war crimes
critical legal studies (CLS)
classification of conflicts, 122
role of legal norms, 164
customary international law
IACs and, 2
prohibition on use of force, 252
cyberspace, co-applicability of IHL and IHRL, 93–95
deadly force, targeted killings, 90–92
death. See permissible killing
declarations of war
non-issuing of, 112
recognition of, 235
detention, lawfulness in NIACs, 68–71, 84–90, 187
Dunant, Henri, 130
duties. See obligations
ECtHR. See European Court of Human Rights
enforcement of obligations and rights, 192–194
European Court of Human Rights (ECtHR)
civilians’ right to life, 212
co-applicability of IHL and IHRL, 65–71
first moral task of law in war, 244
geographical applicability (ratione loci) of IHRL, 51, 52
lawfulness of detention in NIACs, 68–71, 86, 187
obligation to investigate and prosecute war crimes, 97
rights of disempowered individuals, 187
extraterritoriality
IHL, 179, 182
IHRL, 6, 179
formalism
classification of conflicts, 107
role of legal norms, 164
Garner, James, 151
Geneva Conventions I–IV (1949)
Additional Protocols. See Additional Protocols to Geneva Conventions (1977)
applicability to all armed conflicts, 235
belligerent occupation of territory, 38
classification of IACs, 24
classification of NIACs, 32, 237
combatant/non-combatant distinction, 120
geographical applicability (ratione loci) of IHL, 45
human rights and, 5
IACs and, 2
individual rights under IHL, 205
intensity of hostilities, 248
lawfulness of detention in NIACs, 87
NIACs and, 3, 152
positive causal interventions under, 216
right to POW status, 120
wartime/peacetime divide, 113
geographical applicability (ratione loci)
beyond territory, 46–48
generally, 44
throughout territory, 45–46
Germany, Nazism and terrorism, 136
Hague Conventions I–XIV (1907)
declarations of war, 112
IACs and, 2
Hague Regulations (1899)
combatant/non-combatant distinction, 120
Martens Clause. See Martens Clause
Haque, Adil, 205, 217
historical development of law of war, 127
Hohfeld, Wesley N., 175
holders. See bearers
HRC. See Human Rights Committee
Huber, Max, 163
human rights
‘age of adjudication’ and, 20–22
applicability, 7, 10, 195, 197
armed conflict and, 6
co-applicability with IHL. See co-applicability of IHL and IHRL
controversies, 10
convergence with IHL, 19
core jurisdictional struggle, 108, 171–195
disempowered individuals, 186–188
disputes over applicability, 107
duty-bearers, 22–39
effects outside armed conflict, 10
emergence and expansion of, 5–7
enforcement, 192–194
extraterritoriality, 6, 179–182
geographical applicability (ratione loci), 44–53
IHL and, 5–10, 11, 55, 160, 172, 175–178, 191
IHL authorisation of conduct that amounts to human rights violation, 216–220
individualised approach by, 8
lex specialis, 19, 82, 102, 172, 191
Lotus ruling and, 160
Martens Clause. See Martens Clause
material applicability (ratione materiae), 39–40
moral dimension. See morality
nature-of-things jurisprudence and, 188
necessity, 209
non-universality (social contract conception), 177
obligations and rights in relation to, 175–178, 182–186
paradigm, 7
personal applicability (ratione personae), 40–44
regulatory approach, 8
right to life. See right to life
rights-bearers, 43–44
soldiers, 190
State practice on applicability, 39
strengths, 8
symmetrical application, 201, 256, 258
temporal applicability (ratione temporis) of IHL and IHRL, 53–54
Trialogue approach to, 9, 266
universal scope, 40
universality (‘state of nature’ conception), 177
wartime applicability, opposition to, 195
weaknesses, 8
Human Rights Committee (HRC)
civilians’ right to life, 208
co-applicability of IHL and IHRL, 56
first moral task of law in war, 244
geographical applicability (ratione loci) of IHRL, 52
soldiers’ right to life, 214
humanity as obligation, 125
IACs. See international armed conflicts
IACtHR. See Inter-American Court of Human Rights (IACtHR)
ICC. See International Criminal Court (ICC)
ICJ. See International Court of Justice
ICTY. See International Criminal Tribunal for the former Yugoslavia
IHL. See international humanitarian law
IHRL. See human rights
intensity as measure of conflict, 32–34, 236, 243–246, 257–263
Inter-American Commission on Human Rights, co-applicability of IHL and IHRL, 59–61
Inter-American Court of Human Rights (IACtHR)
co-applicability of IHL and IHRL, 61–64
obligation to investigate and prosecute war crimes, 97
international armed conflicts (IACs)
applicability of IHL, 2, 201
beginning and end of, uncertainties over, 112
classification of, 24–32
definition of, 201
disputes over classification of, 107, 114
IAC/NIAC ratio, 134
IHL authorisation of conduct that amounts to human rights violation, 217
internal confrontations as, 239–241
inter-State wars, 106
level of use of force, 25–26
material applicability (ratione materiae) of IHL and IHRL, 24–32
non-protracted, 201
non-State armed groups and, 2
protracted, 201
reduction in casualties, 134
reduction in numbers, 134
State intervention against non-State armed groups without territorial State consent, 27
‘symmetrical IHRL’ applied to, 201
Syrian conflict classified as, 28–32
transnational conflicts as, 110, 141
transnational confrontations as, 240
transnational use of force by States, 26–28
undeclared wars, 112
International Court of Justice (ICJ)
applicability of IHRL, 39
co-applicability of IHL and IHRL, 74, 202
definition of armed attacks, 254
general applicability of human rights, 7
geographical applicability (ratione loci) of IHRL, 50
International Criminal Court (ICC)
classification of conflicts, 26
geographical applicability (ratione loci) of IHL, 48
intensity of NIACs, 32
International Criminal Tribunal for Rwanda (ICTR), geographical applicability (ratione loci) of IHL, 46
International Criminal Tribunal for the former Yugoslavia (ICTY)
‘age of adjudication’ and, 20
classification of conflicts, 26
classification of NIACs, 237
geographical applicability (ratione loci) of IHL, 46
human rights and, 5
intensity of NIACs, 32
parties to NIACs, 34
international human rights law (IHRL). See human rights
international humanitarian law (IHL)
‘adaptation’ approaches, 12, 118, 121, 152, 194–195
‘age of adjudication’ and, 20–22
applicability, 2–5, 11, 109, 197
applicability beyond territory, 46–48
applicability throughout territory, 45–46
authorisation of conduct that amounts to human rights violation, 216–220
balance of humanitarian and military considerations, 5
beginning of, 130, 162, 178
chivalry as obligation, 125
civilian/combatant distinction, 191
civilians’ right to life, 206–213
clarity of concepts and definitions, 116
co-applicability with IHRL. See co-applicability of IHL and IHRL
controversies, 10
convergence with human rights, 19
core jurisdictional struggle, 108, 164, 165, 196
crisis narratives, 118
declarations of war as trigger, 235
disputes over applicability, 107
duty-bearers, 22–39, 185
enforcement, 192–194
extraterritoriality, 179, 182
function of, 2
geographical applicability (ratione loci), 45–48
historical development of law of war, 127
human rights and, 5–10, 11, 160, 172, 175–178, 191
human rights treaties and, 55
humanity as obligation, 125
IAC/NIAC distinction, 106
imperfect obligations, 124, 125
individual rights under, 204
institutional framework of, 4
intensity of conflict as applicability factor, 236, 239
lex specialis, 17, 19, 60, 70, 81, 82, 141, 172
material applicability (ratione materiae), 22–39
military commanders’ duty to enforce, 185
military professional (‘warrior’) approaches, 131, 189
moral dimension. See morality
nature-of-things jurisprudence approach, 122
necessity, 209
necessity as obligation, 125
non-crisis ‘adaptation’ approaches, 118, 121
normative challenge to, 4
obligations and rights in relation, 175–178
obligations-based System, as, 178
pacifist approaches, 131
paradigm, 7
perfect obligations, 124
personal applicability (ratione personae), 40–44
premises of, 110
principle of legality, 124
proportionality, 124, 191
regulatory approach, 8
rights of disempowered individuals, 187
rights-bearers, 43–44
scepticism about, 170
soldiers’ protection, 190
soldiers’ right to life, 213–216
Statist-positivist approaches, 131
strengths, 8
technological developments in warfare and, 133–139
temporal applicability (ratione temporis) of IHL and IHRL, 53–54
traditional warfare and, 127, 130
transnational conflicts, 109
Trialogue approach to, 1, 9, 266
wartime/peacetime divide, 113
weaknesses, 8
international law. See also customary international law
applicability to peacetime violence, 106
authorisation of use of force, 252
beginning of, 162
causes of indeterminacies in, 196
crisis narratives, 118
Trialogue approach to, 1
US core jurisdictional struggle over, 168–171
International Law Commission (ILC), co-applicability of IHL and IHRL, 72, 73
interpretation. See also Vienna Convention on the Law of Treaties (VCLT)
co-applicability of IHL and IHRL. See co-applicability of IHL and IHRL
inter-State wars. See international armed conflicts
investigation, accountability and, 95–99
Iraq
anti-ISIS operations as IAC, 30
anti-Kurdish operations as IAC, 30
irregular fighting. See armed conflict
Islamic State (ISIS). See terrorism
Israel
adaptation approach to NIACs, 152
applicability of IHRL, 39
co-applicability of IHL and IHRL, 57
enforcement of obligations and rights, 192
extraterritoriality of IHL, 179
geographical applicability (ratione loci) of IHRL, 52
judicial review of extraterritorial air bombings, 179
right to POW status, 152
rights-based IHL approach to judicial review, 192
targeted killings, 91
transnational conflicts as IACs, 141
ius in bello. See armed conflict
Jinks, Derek, 219
judicial review
detention in NIACs, 69, 83
extraterritorial air bombings, 179
IHL-based, 187
rights-based IHL approach to, 192
standards of, 103
jurisdiction. See co-applicability of IHL and IHRL; core jurisdictional struggle
Kaldor, Mary, 135
Kant, Immanuel, 195
killing. See permissible killing
Krieger, Heike, 10
Kurdish forces, operations against as IAC, 30
law of armed conflict. See armed conflict
lawfulness of detention in NIACs, 68–71, 83, 187
legal concepts and definitions, clarity of, 115
legality. See principle of legality
lethal force. See deadly force
lex specialis
co-applicability of IHL and IHRL, 71, 74–77
continued relevance of non-prioritised body of norms, 82
IHL as, 17, 19, 60, 70, 81, 82, 141, 172
IHRL as, 19, 82, 102, 172, 191
prioritisation of norms and, 77–78
right to life and, 202
life. See right to life
Lotus ruling, 160–164
Luban, David, 173, 178
Martens Clause, 122, 125, 162
material applicability (ratione materiae)
belligerent occupation of territory to, 38–39
existence of armed conflict, 22–24
IACs to, 24–32
IHL of, 22–39
IHRL of, 39–40
NIACs to, 32–38
Maurice, John F., 112
Meron, Theodor, 5
military commanders’ duty to enforce IHL, 185
military professional (‘warrior’) approaches to IHL, 131, 189
military technological developments, 133–139
Moltke, Helmuth Karl Bernhard Graf von, 170
morality. See also permissible killing; right to life
authorisation of use of force, 252
choice of IHL or IHRL, 200
conclusions of Trialogue on moral approach to IHL/IHRL, 278
first moral task of law in war, 199, 243–246, 249–257
IHRL and moral tasks of law, 242–263
IHRL as morally better law during war, 199, 258
intensity of hostilities and, 243–246, 257–263
legal context for use of force and, 249–257
moral approach to armed conflict, 13
moral approach to IHL/IHRL applicability, 198, 263–265
moral division of labour between IHRL and IHL, 201, 235, 263, 270, 275
moral obligations and outcomes of warfare, 198
moral tasks of law during war, 199, 220–226, 242–263
reality of armed conflict and, 200
second moral task of law in war, 199, 257–263
symmetrical application of IHRL, 201, 256, 258
use of force across international borders and, 242–263
Napoleon (Bonaparte), 136, 195
nature-of-things jurisprudence
IHL and, 122
IHRL and, 188
Nazism and terrorism, 136
necessity
differences between IHL and IHRL, 209
obligation as, 125
permissible killing, 206–213
NIACs. See non-international armed conflicts
non-combatant/combatant distinction, 119–127, 191
non-international armed conflicts (NIACs)
applicability of IHL, 3, 201
beginning and end of, uncertainties over, 112
civil wars, 106
classification, 16, 32–38
disputes over classification of, 107, 114
history of regulation of, 140, 149–159
IAC/NIAC ratio, 135
IHL authorisation of conduct that amounts to human rights violation, 218
intensity, 32–34
intensity threshold for, 237
internal confrontations as, 239–241
internationalisation, 26
lawfulness of detention, 68–71, 83, 187
material applicability (ratione materiae) of IHL and IHRL, 32–38
non-State armed groups and, 2
parties, 34–35
POW status in, 31
reduction in casualties, 134
reduction in numbers, 134
soldiers’ right to life, 213
transnational conflicts as, 110, 140
transnational confrontations as, 240
transnational terrorism as, 35–38
transnational use of force by States, 26–28
non-State armed groups
applicability of IHL, 3
State intervention against, without territorial State consent, 27
norms
accountability norms, 95–99
co-applicability of IHL and IHRL. See co-applicability of IHL and IHRL
conflict between IHL and IHRL norms, 268–270
normative approach to armed conflict, 11
novel wars. See classification of conflicts
nullum crimen sine lege. See principle of legality
OAGs. See non-State armed groups
Obama, Barack, 134, 137
obligations
disempowered individuals, towards, 186–188
enforcement of, 192–194
IHL as obligations-based system, 178
investigate and prosecute war crimes, 97
military commanders’ duty to enforce IHL, 185
moral obligations and outcomes of warfare, 198
perfect and imperfect. See international humanitarian law
rights and, 175–178
occupation of territory, material applicability (ratione materiae) of IHL and IHRL, 38–39
organised armed groups (OAGs). See non-State armed groups
Osiel, Mark, 124
Pal, Radhabinod, 136
peace
restoration of, 113
wartime/peacetime divide, 112–119
peacetime violence
civil disturbances, 106
international law applied to, 106
permissible killing. See also right to life
civilians of, 206–213
moral tasks of law during war, 220–226
necessity, 206–213
soldiers of, 213–216
personal applicability (ratione personae)
duty-bearers, 22–39
rights-bearers, 43–44
Pictet, Jean, 173
Plato, 115
pluralist approaches to classification of conflicts, 107, 108
Powell, Colin, 156
POWs. See prisoners of war
principle of legality, 124
prisoners of war (POWs)
obligation to investigate deaths of, 96
review of detention of, 87
right to POW status, 31, 120, 127, 128, 147, 152, 155
proportionality, 124, 191
protected persons. See civilians; prisoners of war
ratione loci. See geographical applicability
ratione materiae. See material applicability
ratione personae. See personal applicability
ratione temporis. See temporal applicability
Raz, Joseph, 220
right to life. See also permissible killing
civilians’ right under IHL, 206–213
co-applicability of IHL and IHRL, 202
IHL and, 230–235
IHL authorisation of conduct that amounts to violation of, 216–220
IHRL and, 226–230
IHRL exception to, 215
moral tasks of law during war, 199, 220–226
soldiers’ right under IHL, 213–216
right to POW status. See prisoners of war
rights. See human rights
Russian Federation
co-applicability of IHL and IHRL, 67
geographical applicability (ratione loci) of IHL, 47
geographical applicability (ratione loci) of IHRL, 52
Seward, William H., 113
social discourse approaches to law, 107
soldiers
protection under IHL and IHRL, 190
right to life under IHL, 213–216
Solferino, battle of (1859), 130
spatial applicability. See geographical applicability
State practice
adaptation approach to NIACs, 152
classification of IACs, 29
classification of NIACs, 34
co-applicability of IHL and IHRL, 57, 66
enforcement of obligations and rights, 192
extraterritoriality of IHL, 179
geographical applicability (ratione loci) of IHL, 46
geographical applicability (ratione loci) of IHRL, 52
IHL and transnational conflicts, 109, 141
lawfulness of detention in NIACs, 68–71, 84, 187
Lotus ruling, 160–164
obligation to investigate and prosecute war crimes, 97
personal applicability (ratione personae) of IHL and IHRL, 43
restoration of peace, 113
right to POW status, 147, 152, 155
targeted killings, 91
temporal applicability (ratione temporis) of IHL and IHRL, 53
transnational conflicts as IACs, 141
transnational conflicts as NIACs, 140
transnational terrorism classified as NIAC, 35
Statist (Westphalian) model of conflict regulation
Lotus ruling and, 160–164
Westphalian model, 143–149
Sweden, personal applicability (ratione personae) of IHL and IHRL, 43
Syrian conflict as IAC, 28–32
Taft, William H., 156
targeted killings, co-applicability of IHL and IHRL, 90–92
technological developments in warfare, 133–139
temporal applicability (ratione temporis) of IHL and IHRL, 53–54
territorial acquisition. See occupation of territory
territorial applicability. See geographical applicability
terrorism
anti-Al-Qaeda operations as NIAC, 35
anti-ISIS operations as IAC, 30
applicability of IHL and IHRL, 17
Communism and, 137
distinctiveness of current conflicts, 136
Nazism and, 136
right to POW status, 152
Syrian conflict as IAC, 28–32
temporal applicability (ratione temporis) of IHL and IHRL, 53
‘torture memos’ (US), 109, 120, 140, 151, 155, 160
transnational terrorism as NIAC, 35–38
torture, definition of, 5
total warfare. See armed conflict
transnational conflicts. See also armed conflict; international armed conflicts; non-international armed conflicts
classification as NIACs, 140
disputes over applicable law, 107, 110, 164
disputes over classification of, 107
history of regulation of, 137–164
IAC/NIAC distinction, 110
IHL applicability, 109
Lotus ruling and, 160–164
Martens Clause and, 162
novel wars as, 109
Statist (Westphalian) model of regulation, 143–149
Trialogue approach, 1, 10–14, 266
tribunals. See courts and tribunals
Turkey
anti-Kurdish operations as IAC, 30
co-applicability of IHL and IHRL, 66
geographical applicability (ratione loci) of IHRL, 52
undeclared wars, frequency of, 112
United Kingdom
classification of NIACs, 34
co-applicability of IHL and IHRL, 68
geographical applicability (ratione loci) of IHRL, 52
human rights of disempowered individuals, 187
IHL and transnational conflicts, 141
lawfulness of detention in NIACs, 68–71, 86, 187
obligation to investigate and prosecute war crimes, 97
United Nations. See also Human Rights Committee
applicability of IHRL, 39, 41
authorisation of use of force, 252
co-applicability of IHL and IHRL, 56, 92, 95, 98
prohibition of use of force, 252
United States
adaptation approach to NIACs, 154
applicability of IHRL, 39
co-applicability of IHL and IHRL, 57
core jurisdictional struggle over international law, 168–171, 173
geographical applicability (ratione loci) of IHL, 46
geographical applicability (ratione loci) of IHRL, 52
IHL and transnational conflicts, 109, 142
lawfulness of detention in NIACs, 84
restoration of peace, 113
right to POW status, 147, 155
Syrian conflict and, 29
temporal applicability (ratione temporis) of IHL and IHRL, 53
‘torture memos’, 109, 120, 140, 151, 155, 160
transnational conflicts as NIACs, 140
transnational terrorism classified as NIAC, 35
use of force
across international borders, 242–263
authorisation of, 216–220, 252
first moral task of law in war and, 243–246
level of, 25–26
morality and legal context for, 249–257
prohibition of, 252
Vienna Convention on the Law of Treaties (VCLT), co-applicability of IHL and IHRL, 78
violence. See armed conflict; peacetime violence
violent confrontations as armed conflict, 235–239
war. See armed conflict
war crimes, obligation to investigate and prosecute, 97
Westphalian (Statist) model of conflict regulation, 143–149
Wilson, George G., 114

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  • Index
  • Ziv Bohrer, Bar-Ilan University, Israel, Janina Dill, University of Oxford, Helen Duffy, Universiteit Leiden
  • Book: Law Applicable to Armed Conflict
  • Online publication: 09 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108674416.006
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  • Index
  • Ziv Bohrer, Bar-Ilan University, Israel, Janina Dill, University of Oxford, Helen Duffy, Universiteit Leiden
  • Book: Law Applicable to Armed Conflict
  • Online publication: 09 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108674416.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Index
  • Ziv Bohrer, Bar-Ilan University, Israel, Janina Dill, University of Oxford, Helen Duffy, Universiteit Leiden
  • Book: Law Applicable to Armed Conflict
  • Online publication: 09 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108674416.006
Available formats
×