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The Qualification of Specific Situations asInternational Armed Conflict

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Chapter Summary

To begin with a trite observation: the Second World War has been an international armed conflict, and so were the wars between Iran and Iraq, and, even more recently, between Eritrea and Ethiopia. This chapter focuses on some actual cases and on the attitudes of the actors involved: governments and other authorities, as well as international agencies and institutions. Three cases did not become the object of judicial scrutiny: Chechnya, Kosovo, and Guantánamo Bay. Two others were dealt with by judicial bodies: Nicaragua, and Bosnia-Herzegovina. A last situation is a case apart in every respect: it is the "war on terror". Apart from the "war on terror", author do not seem to have uncovered anything new or customary. There is one development in the sphere of international humanitarian law (IHL) that is unmistakably new, and it points in a direction diametrically opposed to the one authors are considering here.

Keywords: Bosnia-Herzegovina; Chechnya; Eritrea; Ethiopia; Guantánamo Bay; International Armed Conflict; international humanitarian law (IHL); Kosovo; Nicaragua; Second World War

10.1163/ej.9789004158252.i-1118.186
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