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Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.9 Internal Strife and Insurgency

Christian Henderson

From: The Oxford Handbook of the International Law of Global Security

Edited By: Robin Geiß, Nils Melzer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 June 2024

Human rights — Armed conflict — Humanitarian intervention

This chapter discusses internal strife and insurgency. The terms ‘internal strife’ and ‘insurgency’ encompass a range of situations from peaceful and violent protests and demonstrations to rebellions against the government to full-blown armed conflicts. Such situations may either occur entirely between the governmental forces of a State and a non-State armed group (or between two such groups) or, as is more often the case, may be fuelled by third States or even involve them directly. The chapter then provides a broad yet concise overview of the international legal frameworks that regulate internal strife and insurgency, with particular focus on international human rights law (IHRL) and the applicability of the law of armed conflict, and the ways that these frameworks interact. What is more, from a global security perspective, it is the possibility of outside intervention and the attendant frameworks and rules of international law that are arguably most pertinent and controversial. There have been several recent developments potentially impacting the international law governing internal strife and insurgency and the chapter explores these and some of the recent situations that illustrate them.

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