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Part IV Key Concepts for Humanitarian Law, Ch.14 Internal (Non-International) Armed Conflict

Eric David

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, 2022. All Rights Reserved.date: 16 May 2022

Subject(s):
Geneva Conventions 1949 — Armed conflict, non-international
By definition, the law of armed conflict only applies to armed conflicts. This raises the question; when is there an armed conflict?1 This is a question of fact that precedes the law as ‘l’existence précède l’essence’.2 Originally, the law of armed conflict only applied to international armed conflicts, not because civil wars did not exist, but simply because states felt that such conflicts pertained to the sphere of their domestic affairs and they were not prepared to allow international regulation of this type of situation.3 As is well known, the first...
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