Whether international law regulates the conduct of hostilities in non-international armed conflict has long been the subject of dispute. A number of distinguished authors sought to read rules relating to the conduct of hostilities from the protections afforded by common Article 3.1 A similar view was taken by certain courts and influential bodies.2 This stems, at least in part, from the idea espoused by some that rules relating to the conduct of hostilities form part of the obligation of humane treatment. For example, during the 1949 Diplomatic Conference, the...
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