Tracing the Historical and Legal Development of the Levée En Masse in the Law of Armed Conflict

Journal of the History of International Law, Vol. 19, No. 3, pp. 329-361, 2017

Sydney Law School Research Paper No. 17/10

37 Pages Posted: 3 Feb 2017 Last revised: 21 Sep 2017

See all articles by Emily Crawford

Emily Crawford

University of Sydney - Faculty of Law

Date Written: February 2, 2017

Abstract

Levée en masse – the spontaneous uprising of the civilian population against an invading force – has long been a part of the modern law of armed conflict with regards to determining who may legitimately participate in armed conflict. The concept originated during the revolutionary wars in America and France, and was incorporated into the first codified rules of armed conflict. However, despite the prevalence of the category of levée en masse in the modern laws of armed conflict, there have been few, if any, instances of levée en masse taking place in modern armed conflicts. This article examines how and why the category of levée en masse developed. In doing so, this paper situates the concept and evolution of levée en masse within the history of international humanitarian law more generally.

Keywords: Levée en masse, international armed conflict, law of armed conflict, international humanitarian law, civilians, civilian participation in armed conflict

JEL Classification: K10, K30, K33

Suggested Citation

Crawford, Emily, Tracing the Historical and Legal Development of the Levée En Masse in the Law of Armed Conflict (February 2, 2017). Journal of the History of International Law, Vol. 19, No. 3, pp. 329-361, 2017; Sydney Law School Research Paper No. 17/10. Available at SSRN: https://ssrn.com/abstract=2910787

Emily Crawford (Contact Author)

University of Sydney - Faculty of Law ( email )

University of Sydney
Sydney, NC NSW 2006
Australia

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