Book contents
- Non-International Armed Conflicts in International Law
- Non-International Armed Conflicts in International Law
- Copyright page
- Contents
- Preface
- Table of Cases References are to page numbers
- Table of Treaties References are to page numbers
- Table of Security Council Resolutions References are to page numbers
- Table of General Assembly Resolutions
- Abbreviations
- 1 The Framework
- 2 The Preconditions of a NIAC
- 3 Thresholds and Interaction of Armed Conflicts
- 4 Fighters, Civilians and LONIAC
- 5 Foreign Intervention in a NIAC
- 6 Recognition
- 7 State Responsibility
- 8 The Principal LONIAC Treaty Provisions
- 9 Additional Treaty Texts
- 10 NIAC War Crimes
- 11 LONIAC Customary International Law
- 12 LONIAC and Human Rights Law
- Conclusions
- Index of Persons References are to page numbers
- Index of Subjects References are to page numbers
11 - LONIAC Customary International Law
Published online by Cambridge University Press: 04 March 2021
- Non-International Armed Conflicts in International Law
- Non-International Armed Conflicts in International Law
- Copyright page
- Contents
- Preface
- Table of Cases References are to page numbers
- Table of Treaties References are to page numbers
- Table of Security Council Resolutions References are to page numbers
- Table of General Assembly Resolutions
- Abbreviations
- 1 The Framework
- 2 The Preconditions of a NIAC
- 3 Thresholds and Interaction of Armed Conflicts
- 4 Fighters, Civilians and LONIAC
- 5 Foreign Intervention in a NIAC
- 6 Recognition
- 7 State Responsibility
- 8 The Principal LONIAC Treaty Provisions
- 9 Additional Treaty Texts
- 10 NIAC War Crimes
- 11 LONIAC Customary International Law
- 12 LONIAC and Human Rights Law
- Conclusions
- Index of Persons References are to page numbers
- Index of Subjects References are to page numbers
Summary
Customary LONIAC has begun to develop only in the aftermath of the adoption of the Geneva Conventions in 1949, but – since the Nicaragua Judgment of 1986 – Common Article 3 has been universally recognized as a true reflection of customary international law (see supra 31). That being the case, there is no need to dwell in the present chapter on the standing of the various norms enshrined in Common Article 3. It must be taken for granted that each and every one of them is imbued with customary nature. We shall therefore commence our examination of LONIAC norms that have acquired customary status by looking at the supplementary provisions of AP/II (see infra 765 et seq.).
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- Information
- Non-International Armed Conflicts in International Law , pp. 267 - 292Publisher: Cambridge University PressPrint publication year: 2021