Rethinking the Scope of Application of International Humanitarian Law and its Place in the International Legal System

Abstract

This essay explores some of the unsettled issues and certain issues which are arguably not settled satisfactorily relating to the material, personal, geographical and temporal scope of application of international humanitarian law and presents some arguments in favour of rethinking certain elements relating to that scope of application and the function and relationship of IHL to other regimes within international law and its place within the international legal system.

Keywords: international humanitarian law, threshold of armed conflict, relationship between legal regimes, international legal system

JEL Classification: K33