Internationalized Armed Conflicts in International Law

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Kubo Macak (Senior Lecturer in Law, Senior Lecturer in Law, University of Exeter)

Internationalized Armed Conflicts in International Law

Kubo Macak (Senior Lecturer in Law, Senior Lecturer in Law, University of Exeter)

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English

Oxford University Press
09 August 2018

Armed conflict; Warfare & defence; International humanitarian law; Military & defence law

Series: Oxford Monographs in International Humanitarian & Criminal Law

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts.

In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

By: Kubo Macak (Senior Lecturer in Law Senior Lecturer in Law University of Exeter)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 163mm, Spine: 23mm
Weight: 1g
ISBN: 9780198819868
ISBN 10: 0198819862
Series: Oxford Monographs in International Humanitarian & Criminal Law
Pages: 310
Publication Date: 09 August 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction I. Conflict Transformations 2: Internationalization 3: Complex Conflict Situations 4: De-Internationalization II: Combatant Status 5: Historical Development 6: Normative Underpinnings 7: Practical Application III: Belligerent Occupation 8: Historical Development 9: Normative Underpinnings 10: Practical Application IV: Conclusion 11: Conclusion

Kubo Macak is a senior lecturer in law at the University of Exeter. He holds the degrees of DPhil, MPhil, and MJur from Somerville College, University of Oxford, as well as a summa cum laude undergraduate degree in law from Charles University in Prague. He was awarded the Diploma of the Hague Academy of International Law. He has worked at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), and he is currently serving as a core expert on the Woomera Manual on the International Law of Military Space Operations project.