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By Lawrence Hill-Cawthorne
"International legislation has lengthy differentiated among foreign and non-international armed conflicts, typically regulating the previous way more comprehensively than the latter. this can be quite stark in terms of detention, the place the legislations of non-international armed clash includes no principles on who should be detained, what strategies has to be supplied to study their detention, and after they has to be released. Read more...
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Extra resources for Detention in non-international armed conflict
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30 The main objections of Burma can be found in Final Record of the Diplomatic Conference of Geneva of 1949: Volume II, Section B (ICRC, 1963) 327–30. 31 Ibid, 330. 32 Ibid, 10. 16 Distinction between Types of Armed Conflicts importance of recent developments in laying the foundation for the adoption of common Article 3: This theory [that international law does not regulate internal matters] was not convincing, since although the jurists themselves were divided in opinion on this point, some were of the view that civil war was regulated by international law.
37 Without passing judgement on the 32 See, eg, Chatham House and ICRC (n 22) 8. This issue was faced by the European Court of Human Rights (ECtHR) in Behrami and Behrami v France, Saramati v France, Germany and Norway, App Nos 71412/0 and 78166/01, Admissibility Decision (Grand Chamber), 2 May 2007; on this case, see M Milanović and T Papić, ‘As Bad As It Gets: The European Court of Human Rights’ (ECtHR) Behrami and Saramati Decision and General International Law’ (2009) 58 ICLQ 267. 33 On the issue of whether multinational forces can become parties to armed conflicts and thus regulated directly by IHL, see T Ferraro, ‘The Applicability and Application of International Humanitarian Law to Multinational Forces’ (2013) 95 IRRC 561.
6 L Oppenheim, International Law, A Treatise: Volume II, War and Neutrality (Longmans, Green & Co, London 1906) 266. Similarly, see J Westlake, Chapters on the Principles of International Law (CUP, Cambridge 1894) 1 (‘[i]nternational law is the body of rules prevailing between states’). 7 There were possible exceptions to this, for example, in the case of minority protection, which has a long pedigree in international law, albeit being defined differently over time: P Thornberry, International Law and the Rights of Minorities (OUP, Oxford 1991); JE Nijman, ‘Minorities and Majorities’ in B Fassbender and A Peters (eds), The Oxford Handbook of the History of International Law (OUP, Oxford 2012).