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Contents
- Preliminary Material
- [No Title]
- Foreword
- Preface
- Table of Contents
- Table of Cases
- European Commission of Human Rights
- European Court of Human Rights
- Inter-American Commission on Human Rights
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Court
- International Criminal Tribunal for Rwanda
- International Criminal Tribunal for the Former Yugoslavia
- Special Court for Sierra Leone
- UN Committee against Torture
- UN Human Rights Committee
- National Cases
- Table of Treaties and Other Instruments
- List of Abbreviations
- List of Contributors
- Main Text
- Part I
- 1 Introduction
- 2 The Nature of War and the Character of Contemporary Armed Conflict
- 3 Classification of Armed Conflicts: Relevant Legal Concepts
- 1 Introduction
- 2 History of the distinction between international and non-international armed conflicts
- 3 Consequences of the distinction between international and non-international armed conflicts
- 4 Why does the distinction exist and should it be abolished?
- 5 The scope of application of international humanitarian law: international armed conflicts
- 6 The scope of application of international humanitarian law: non-international armed conflicts
- 7 Foreign intervention in non-international armed conflicts
- 8 Intervention by multinational forces under UN command or authorized by the UN
- 9 Extraterritorial conflicts with non-state armed groups
- 4 Conflict Classification and the Law Applicable to Detention and the Use of Force
- Part II
- 5 Northern Ireland 1968–1998
- 6 The Democratic Republic of the Congo 1993–2010
- 1 Introduction
- 2 The legacy of Colonialism and the Cold War: March 1993–summer 1996
- 3 The First Congo War: from a global site of conflict to a regional one (July 1996–July 1998)
- 4 The Second Congo War: Africa’s World War (2 August 1998–July 2003)
- 5 Transition or repetition? (2003–2011)
- 6 Conclusion: Framing the DRC within the law
- Chronology
- 7 Colombia
- 1 Introduction
- 2 Brief outline of the Colombian hostilities
- 3 Classification of the Colombian conflict by the relevant actors
- 4 Authors’ classification of the Colombian conflict
- 4.1 Has the Colombian armed conflict been ‘internationalized’ through the intervention of foreign States?
- 4.2 Recognition of belligerency? The case of FARC
- 4.3 The relationship between paramilitary groups and the Colombian government, as it affects the classification of the armed conflict
- 4.4 Can criminal violence ever qualify as an armed conflict?
- 4.5 Classification of hostilities involving groups active in the Colombian armed conflict
- 5 Rules on opening fire
- 6 Rules on detention
- 7 Operation Phoenix
- 8 Conclusions
- Chronology
- 8 Afghanistan 2001–2010
- 9 Gaza
- 1 Introduction
- 2 Description of the situation
- 3 The views of States and others on the classification of the conflict
- 4 Author’s analysis of the classification of the conflict (September 2000–March 2011)
- 5 Rules on application of force
- 6 Rules on capture and detention
- 7 Other significant problems of international humanitarian and human rights law
- 8 Conclusions
- Chronology
- 10 South Ossetia (2008)
- 1 Introduction
- 2 The hostilities
- 3 Views of the parties and others on conflict classification
- 4 Author’s analysis of classification
- 5 Use of force and detention
- 5.1 Domestic law on the use of force, on capture and detention, and other international humanitarian law problems
- 5.2 Treatment of detainees and other significant international humanitarian law problems
- 5.3 Detainees
- 5.4 Russia’s responsibilities as an occupying power
- 5.5 The Georgian law on occupied territories
- 6 Conclusions
- Chronology
- 11 Iraq (2003 onwards)
- 1 Introduction
- 2 Classification of the conflict
- 3 Rules on capture and detention
- 4 Rules on use of force
- 5 Other significant problems of international humanitarian law
- 6 Conclusions
- Chronology
- 12 Lebanon 2006
- 13 The War (?) against Al-Qaeda
- 1 Introduction
- 2 Background to the hostilities
- 3 Views of the parties and of others on conflict classification
- 4 Author’s analysis of the classification (or existence) of the conflict
- 5 Rules on application of force
- 6 Rules on detention
- 7 Rules on other significant problems of international humanitarian law
- 8 Conclusions
- 14 Classification in Future Conflict
- Part III
- Part I
- Further Material
