The Classification of Groups Belonging to a Party to an International Armed Conflict
In: Journal of International Humanitarian Legal StudiesIt has been argued that groups of fighters who “belong” to a party to an international armed conflict without fulfilling the requirements of Article 4(A)(2) of Geneva Convention III should be classified as combatants, rather than as civilians. This article questions the reasoning put forward in support of that view, by showing that the arguments may be partly circular, incomplete, and debatable.
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12
E.g. Melzer, supra note 11, at 310; Judgment, Anonymous v. State of Israel, Criminal Appeal 6659/06, Supreme Court of Israel, 11 June 2008, at 13–14.
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20
Akande, supra note 18, at 184 speaks of “irregular groups that do not comply with the rules of international law concerning distinction, or with the laws and customs of more generally”. icrc, supra note 2, at 22 speaks of “irregular armed forces [that] fail to distinguish themselves […], to carry their arms openly, or to conduct their operations in accordance with the laws and customs of war”.
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27
Akande, supra note 18, at 184.
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31
E.g. Schmitt, supra note 19, at 16–17, 22 and 24; and apparently Dinstein, supra note 29, at 147–149.
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33
E.g. Schmitt, supra note 19, at 14–15 claims that gc iv protection is lost by taking direct part in hostilities; S. Borelli, ‘Casting light on the legal black hole: International law and detentions abroad in the “war on terror”’, 87 International Review of the Red Cross 39 (2005), at 50–51 and icrc, supra note 2, at 22 assume the opposite. Akande, supra note 18, at 184 seems to argue that gc iv can apply regardless of whether a fighter is classified as combatant or civilian, which should mean that the applicability gc iv will not be an argument for or against either classification.
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38
Akande, supra note 18, at 184 (footnote omitted).
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42
Mar, supra note 39, at 120–121.
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The Classification of Groups Belonging to a Party to an International Armed Conflict
In: Journal of International Humanitarian Legal StudiesIt has been argued that groups of fighters who “belong” to a party to an international armed conflict without fulfilling the requirements of Article 4(A)(2) of Geneva Convention III should be classified as combatants, rather than as civilians. This article questions the reasoning put forward in support of that view, by showing that the arguments may be partly circular, incomplete, and debatable.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 205 | 30 | 2 |
| Full Text Views | 210 | 8 | 2 |
| PDF Views & Downloads | 46 | 15 | 5 |