Description
Book SynopsisAnthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the R
Trade Review'Anthony Cullen's monograph offers an excellent inquiry into many relevant aspects of the concept of non-international armed conflict that should be of interest to both the general and expert reader.' Wolfgang S. Heinz, European Journal of International Law
'… this pioneering book … [is] an important piece of scholarship which will be used in education and practice for years to come …' Tamás Hoffmann, International and Comparative Law Quarterly
'… well-written and well-reasoned …' Professor Dr Robin Geiss, German Yearbook of International Law
'… a welcome contribution to the literature on international humanitarian law … highly recommended …' Dr Frederik Naert, Military Law and Law of War Review
'Anthony Cullen's monograph offers an excellent inquiry into many relevant aspects of the concept of the non-international armed conflict that should be of interest to both the general and expert reader.' Global Law Books
'Anthony Cullen deals with the threshold(s) of application of the law of noninternational armed conflict. While the author (rightly) attaches the utmost significance to the case-law of the international criminal courts, and above all, to the Tadic decision, the greatest merit of his study consists in the most careful analysis of the travaux pre´paratoires of Common Article 3 of the GCs, of Article 1 of AP II, and of Article 8 of the Statute of the International Criminal Court (ICC).' Claus Kreß, The British Yearbook of International Law
Table of Contents1. The application of international humanitarian norms to internal conflict prior to the Geneva Conventions of 1949; 2. Article 3 common to the four Geneva Conventions of 1949 and the threshold of non-international armed conflict in international humanitarian law; 3. Changes in the scope of non-international armed conflict resulting from the Additional Protocols of 1977; 4. The threshold of non-international armed conflict; 5. The concept of non-international armed conflict in the Rome Statute of the International Criminal Court; 6. Conclusion.
