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Part VI Key Issues in Times of Armed Conflict, Ch.26 International Human Rights Law in Time of Armed Conflict

Derek Jinks

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Armed conflict — Geneva Conventions 1949 — Warfare, land — Prisoners of war — Lex specialis
The Geneva Conventions formalized two important developments concerning when international humanitarian law (IHL) applies: (1) IHL now governs de facto as well as de jure warfare; and (2) IHL now governs non-international as well as international armed conflict. Both developments were revolutionary. First, the Conventions apply to any ‘armed conflict’ between states irrespective of whether either state has formally declared war.1 Prior to the drafting of the Geneva Conventions, the applicability of the ‘law of war’ was delimited by formal acts of state such as a...
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