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Applicability of Customary International Law in Non-international Armed Conflicts

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Chapter Summary

The author's thesis is that draft Protocol II contains a mixture of "reaffirmation" and "development" and that therefore, even if it would ultimately fail to be adopted, parties to non-international armed conflicts are and remain bound to respect the basic precepts in question. Having put forward this thesis, the logical next step is to demonstrate its tenability. This chapter addresses the question: whether and to what extent customary international law can be said to be applicable in non-international armed conflicts, a first and obvious remark is that it would be very strange indeed if completely different codes of conduct, or standards of civilization, would apply according as the conflict should be classified as international or non-international. It discusses the question of applicability of certain standards of conduct in non-international armed conflicts solely as a problem of the law of armed conflict.

Keywords: customary international law; draft protocol; international armed conflicts; non-international armed conflicts



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