From Inter-State and Symmetric to Intra-State and Asymmetric: Changing Methods of Warfare and the Law of Armed Conflict in the 100 Years Since World War One

Yearbook of International Humanitarian Law, Vol. 17, No. 2014, pp. 95-118, 2016

Sydney Law School Research Paper No. 16/44

20 Pages Posted: 29 May 2016

See all articles by Emily Crawford

Emily Crawford

University of Sydney - Faculty of Law

Date Written: May 27, 2016

Abstract

This article examines the changing methods of warfare over the last hundred years, how the law has adapted to respond to these changing methods, and whether the law as it exists in 2014 is still consonant with armed conflict as it exists in 2014. Over the last century, the preponderant type of armed conflict – international armed conflict – has given way to non-international, transnational, and internal armed conflicts. These newly predominant types of armed conflict have also brought with them new participants, new tactics, and new targets. The law of armed conflict has attempted to keep pace with these developments, adopting new comprehensive treaties in 1949 and 1977 (along with a raft of treaties governing permissible means and methods). However, as these new participants employ new or irregular methods to fight their wars, pressures are brought to bear on the existing law of armed conflict – just how far can and should the law adapt to cover behaviours that flout over a century’s worth of established and accepted behaviour in wartime?

Keywords: International armed conflict, non-international armed conflict, asymmetric warfare, non-state actors

JEL Classification: K10, K30, K33

Suggested Citation

Crawford, Emily, From Inter-State and Symmetric to Intra-State and Asymmetric: Changing Methods of Warfare and the Law of Armed Conflict in the 100 Years Since World War One (May 27, 2016). Yearbook of International Humanitarian Law, Vol. 17, No. 2014, pp. 95-118, 2016; Sydney Law School Research Paper No. 16/44. Available at SSRN: https://ssrn.com/abstract=2785457

Emily Crawford (Contact Author)

University of Sydney - Faculty of Law ( email )

University of Sydney
Sydney, NC NSW 2006
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
51
Abstract Views
294
rank
380,314
PlumX Metrics