Laura Perna's The Formation of the Treaty Law of Non-International Armed PDF

By Laura Perna

ISBN-10: 9004149244

ISBN-13: 9789004149243

The aim of this paintings is to track the approaches that led and proceed to steer to the formation of the treaty norms appropriate in non-international armed conflicts. If the aim of humanitarian legislations is to accomplish a stability among army necessity and humanitarian concerns and to avoid pointless soreness and destruction, humanitarian legislation ideas might be both appropriate to either overseas and inner armed conflicts. while, even though, there are an incredible variety of treaty provisions appropriate to foreign armed conflicts, only a few provisions are particularly designed to manage non-international armed conflicts regardless of the dramatic raise within the variety of such conflicts. The learn investigates the explanations at the back of the diversities by way of analysing, inter alia, questions akin to: the place does the overseas legislations of inner armed conflicts come from? Why did it evolve in a different way from the legislations regulating foreign armed conflicts? the place is the overseas legislations of inner armed conflicts going?

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Additional resources for The Formation of the Treaty Law of Non-International Armed Conflicts (International Humanitarian Law Series, 14)

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The age ofrights, Polity Press, Cambridge 1996, pp. 82-83. ,Human rights in a changing world, pp. 24-25. , p. 25. Article IV of the Maryland declaration (1776), quoted in ibid. It is not clear, however, whether resistance as intended by such declarations means passive resistance or 12 Chapter I Thus, according to the doctrine of natura1law, citizens could have the right to rebel and, possibly, to fight to achieve the respect of their rights. 1his, however, also implied that, whilstfighting, they kept the natural rights they werefightingfor and were required to respect the natural rights of their opponents.

1he handbook of humanitarian law in armed conflict, Oxford University Press, Ney York 1995, pp. 14-15. The virtuous knight was required to respect non-combatants, since it was contrary to chivalrous virtues to kill unarmed people. , 1he ethics ofwar andpeace, Prentice Hall, Englewood Cliffs, NJ 19 89, p. 65. Ibid. 99 26 Chapter I equipment",IOO and since chivalrous rules did not even apply to those who did not belong to the military classes,IoI it was extremely difficult to translate chivalrous concepts in a different context.

In short, the social contract was an instrument to give expression to the general will. , the age ofrights, Polity Press, Cambridge 1996, pp. 82-83. ,Human rights in a changing world, pp. 24-25. , p. 25. Article IV of the Maryland declaration (1776), quoted in ibid. It is not clear, however, whether resistance as intended by such declarations means passive resistance or 12 Chapter I Thus, according to the doctrine of natura1law, citizens could have the right to rebel and, possibly, to fight to achieve the respect of their rights.

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