civilians and combatant in war
- 최초 등록일
- 2013.04.18
- 최종 저작일
- 2011.10
- 3페이지/
MS 워드
- 가격 1,000원
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본문내용
International humanitarian law is premised on a distinction between civilians and combatant in war. What difficulties does terrorism pose to the application of law in this context.
The premise on a distinction between civilians and combatant of IHL
International humanitarian law (IHL) applies to international armed conflicts which take place between states and also to internal armed conflict. The four Geneva Conventions of 1949, their Additional Protocols are the main instruments of IHL. International humanitarian law acknowledges the differences between combatants and civilians.
<중 략>
Actually in wartime both of unlawful combatants and lawful combatant may be qualified for IHL. Then another question is coming up as to can terrorism called as a war. War can be defined as a situation in which two or more countries or groups of people fight against each other over a period time. However, it appears that terrorism is hard to be called as a war since targets and the main actors are not clear under IHL.
참고 자료
Department of Defense Dictionary of Military and Associated Terms. [2001]
Dormann, K., [2003] The legal situation of“unlawful/unprivileged combatants”, RICR Mars IRRC, March Vol. 85 No 849
Dorf, M. C., [2002] WHAT IS AN "UNLAWFUL COMBATANT," AND WHY IT MATTERS:The Status Of Detained Al Qaeda And Taliban Fighters.
Geneva Convention (IV)., [1949] relative to the Protection of Civilian Persons in Time of War.
ICRC official statement., [2005] The relevance of IHL in the context of terrorism.
Protocol Additional to the Geneva Conventions of 12 August 1949., [1977] relating to the Protection of Victims of International Armed Conflicts (Protocol I).
Protocol additional to the Geneva Conventions of 12 August 1949., [2005] relating to the Adoption of an Additional Distinctive Emblem (Protocol III).