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Les « combattants irréguliers» en situation d'occupation militaire

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Chapter Summary

In the modern law of war renovated by the Geneva conventions and their first two Protocols, the "irregular combatants "do not form a legal category. Today, summary execution is prohibited in all circumstances, since the Geneva conventions system is designed to leave no category of people out of all protection. The relationship between the concept of "irregular combatants" and the right to life is not incidental but central, because the problem is centered on the summary execution. The evolution of the law of war reveals about that a prolonged struggle to frame and exclude practice of arbitrary attacks on human life. To analyze the radical change wrought by the Geneva law, as important as the very expression of irregular fighter has disappeared from the vocabulary, it is necessary to understand the law of the Hague and its roots.

Keywords: irregular combatants; Hague; Geneva conventions; modern law of war

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