Unequal Before the Law: The Case for the Elimination of the Distinction between International and Non-International Armed Conflict

Leiden Journal of International Law, Vol. 20, pp 441-465, 2007

Sydney Law School Research Paper No. 11/28

46 Pages Posted: 22 Apr 2011  

Emily Crawford

University of Sydney - Faculty of Law

Date Written: August 17, 2006

Abstract

This article examines the possibility of creating a law of armed conflict that could be uniformly applied to both international and non-international armed conflict. The article looks at the history of modern armed conflict, and charts the progression of warfare from a predominantly interstate event to that which is more likely to be characterized as non-international or internal. The increasing prevalence of non-international armed conflicts throughout the twentieth century has lead to ongoing moves on behalf of the international community to bring the regulation of such conflicts further within the ambit of international regulation. With this in mind, the article argues that such moves have blurred the historical distinction between types of armed conflict to the point where the distinction could be eliminated altogether. By looking at international treaties, tribunals, and state practice, this article asserts that the law of armed conflict could be uniformly applied, with the aim of ensuring that all participants in armed conflict are equally and humanely treated.

Suggested Citation

Crawford, Emily, Unequal Before the Law: The Case for the Elimination of the Distinction between International and Non-International Armed Conflict (August 17, 2006). Leiden Journal of International Law, Vol. 20, pp 441-465, 2007; Sydney Law School Research Paper No. 11/28. Available at SSRN: https://ssrn.com/abstract=1810175

Emily Crawford (Contact Author)

University of Sydney - Faculty of Law ( email )

University of Sydney
Sydney, NC NSW 2006
Australia

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