Non-Combatant Immunity as a Norm of International Humanitarian Law

Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.

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Table of contents

1. Introduction. 2. The Development of Noncombatant Immunity as a Customary Norm. 3. Challenges to the Norm of Noncombatant Immunity in the United Nations Era. 4. The Right of Self-Determination in International Law. 5. Wars of Self-Determination and Just War Theories. 6. Self-Determination and Protocol I. 7. Further Aspects of Protocol I which affect the Norm of Noncombatant Immunity. 8. The Codification of Noncombatant Immunity in Protocol I. 9. The Conventional Regulation of Non-International Armed Conflicts - Protocol II. 10. Noncombatant Immunity as a Customary Norm in International Armed Conflicts. 11. Noncombatant Immunity as a Customary Norm in Non-International Armed Conflicts. Conclusion. Select Bibliography. Index.

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