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Rules Of International Law Applicable To Non-International Armed Conflicts

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Chapter Summary

This chapter concerns the jus in bello rules of international law governing non-international armed conflicts. It examines the principal norms of international humanitarian law (IHL), treaty and customary rules that govern the conduct of the warring parties in Somalia. The chapter highlights similarities and differences between traditional Somali customary rules of warfare and international rules applicable to Somalia. The chapter also examines whether there is international customary rules applicable to non international armed conflicts such as the conflict in Somalia. The International Criminal Court (ICC) Statute is the first international treaty addresses the question of "war crimes" in non-international armed conflicts. States party to the Geneva Conventions are required to adopt a number of measures to "respect and to ensure respect" for the Conventions. In particular, they are required to adopt national implementing legislation, to suppress, that is to punish serious violations of IHL.

Keywords: international criminal court (ICC) Statute; international customary rules; international humanitarian law (IHL); international law; non-international armed conflicts; Somali customary rules



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