Non-combatant Immunity as a Norma of International Humanitarian Law
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
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THE DEVELOPMENT OF NONCOMBATANT IMMUNITY
The Development of NonCombatant Immunity Against
The Ambit of the Legal Right to SelfDetermination
Changes in the Style of Warfare The Rise of Guerilla
FURTHER ASPECTS OF PROTOCOL I WHICH AFFECT
NONCOMBATANT IMMUNITY AS A CUSTOMARY NORM
NonCombatant Immunity as a Customary Rule
The Current Attitude of States Towards Protocol II
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1949 Geneva Conventions Additional Protocol Applicable in Armed argues Article 1(4 Article 48 Article 51 belligerent bombardment Cassese civil conflicts civilian population combatants common Article concept Conventions of 1949 custom Customary International Law customary law customary norms customary rules Declaration on Friendly Development of International Diplomatic Conference discussion example exercising their right Friendly Relations Geneva Protocols guerilla warfare Gulf conflict Hague Hays Parks human rights Humanitarian Law Applicable international armed conflict international community international conflicts International Humanitarian Law ius ad bellum ius in bello Kalshoven law of armed law of war means and methods Meron methods of warfare military objectives Moreover National Liberation Nicaragua non-combatant immunity non-international armed conflicts paragraph parties principles of humanitarian prohibition Protocol II ratified Reaffirmation and Development Red Cross reprisals resort to force right to self-determination self-defence Sixth Committee status targets territories Third Geneva Convention treaty United Kingdom United Nations Charter wars of self-determination