The Expansive Definition of 'Protected Persons' in War Crime Jurisprudence

The Army Lawyer 23 (May 2009)

5 Pages Posted: 20 Jul 2013 Last revised: 18 Aug 2013

See all articles by Shane Reeves

Shane Reeves

United States Military Academy, West Point

Date Written: May 1, 2009

Abstract

Contemporary international armed conflicts are more likely to resemble the inter-ethnic and religious conflicts of Yugoslavia and Iraq than the state-versus-state conflicts envisioned by the drafters of the Geneva Conventions. This explosive rise of inter-ethnic and religious conflicts often means that ethnicity is “determinative of national allegiance” and in this environment “the requirement of nationality is less adequate to define protected persons.” Therefore, the changing dynamics of international armed conflicts requires a more expansive definition of protected person which includes offering protections to those ethnic or religious groups that have grave breaches committed upon them by their own government.

Keywords: war crimes, protected persons, Geneva Conventions, Iraq, Yugoslavia, international armed conflicts, grave breaches, war crimes prosecution

JEL Classification: K10, K33

Suggested Citation

Reeves, Shane, The Expansive Definition of 'Protected Persons' in War Crime Jurisprudence (May 1, 2009). The Army Lawyer 23 (May 2009). Available at SSRN: https://ssrn.com/abstract=2296178

Shane Reeves (Contact Author)

United States Military Academy, West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

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