The Formation of the Treaty Law of Non-International Armed Conflicts


The purpose of this work is to trace the processes that led and continue to lead to the formation of the treaty norms applicable in non-international armed conflicts. If the purpose of humanitarian law is to achieve a balance between military necessity and humanitarian considerations and to prevent unnecessary suffering and destruction, humanitarian law rules should be equally applicable to both international and internal armed conflicts. Whilst, however, there are a huge number of treaty provisions applicable to international armed conflicts, very few provisions are specifically designed to regulate non-international armed conflicts despite the dramatic increase in the number of such conflicts. The study investigates the reasons behind the differences by analysing, inter alia, questions such as: Where does the international law of internal armed conflicts come from? Why did it evolve differently from the law regulating international armed conflicts? Where is the international law of internal armed conflicts going?

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Biographical Note

Laura Perna holds a master's degree and a Ph.D. from the University of Essex , School of Law. A registered lawyer in Italy, she has also worked with the OSCE in the Balkans. Her current research interests include Humanitarian Law and Public Health.

Table of contents

Chapter I The Evolution of the Concept of Non-International Armed Conflicts in Early Times; Chapter II From the Lieber Code to the Drafting of Common Article 3 of the Geneva Conventions: The Rise of International Law Concern;
Chapter III The Evolution in the Elements Shaping the Treaty Law Rules Applicable in Non-International Armed Conflicts;
Chapter IV 1949-1980: Protocol II Additional to the Geneva Conventions of 1949 and the Conventional Weapons Convention;
Chapter V 1980-the Present: A Dramatic Increase in the Number of Treaty Law Rules Applicable in Non-International Armed
Chapter VI Reaching an Agreement on Criminalizing the Violations of the Rules of Law Applicable in Non-International Armed Conflicts: The Statute of the International Criminal Court (ICC);

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