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Chapter 5: The Concept of “Armed Conflict” in International Armed Conflict

Authors: Masahiko Asada;

Chapter 5: The Concept of “Armed Conflict” in International Armed Conflict

Abstract

There are a number of treaties of quasi-universal application that govern the conduct of belligerents in international armed conflict. Armed conflict is the trigger concept that gets the rules of international humanitarian law to operate and to override some of the peacetime rules of international law. This chapter tries to identify possible parameters with which to determine when the rules applicable in international armed conflicts apply, particularly whether they apply when only low intensity fighting has occurred. It examines legal texts, State practice and judicial decisions, as well as legal doctrines. The International Criminal Tribunal for the Former Yugoslavia (ICTY) looked into the definition of armed conflict more recently in The Prosecutor v. Tadic Case (Jurisdiction, Appeals) in 1995. The ICRC Commentary indicates that the Geneva Conventions are triggered regardless of the intensity or duration of fighting. Keywords:ICRC commentaries; ICTY decisions; international armed conflict

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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