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From The Lieber Code Of The Drafting Of Common Article 3 Of The Geneva Conventions: The Rise Of International Law Concern

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Chapter Summary

This chapter analyses the key elements, which have played an important role in the development of the rules of law in non-international armed conflicts, and, in particular, before and during the drafting of Common Article 3 to the Geneva Conventions. In particular, attention is paid to the impact on the development of the rules of law in internal armed conflicts of: 1) the theory of recognition of belligerency; 2) the Lieber code; 3) the creation of the International Committee of the Red Cross (ICRC); 4) the events of the Spanish civil war; 5) the evolution of the principle of state sovereignty; 6) the human rights movement and 7) developments in the Christian tradition. Finally, Common Article 3 to the Geneva Convention of 1949 is examined against this background.

Keywords: Christian tradition; Geneva Conventions; human rights movement; International Committee of the Red Cross; Lieber code; non-international armed conflicts; principle of state sovereignty; rules of law; Spanish civil war; theory of recognition of belligerency



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