By Yoram Dinstein
A significant other quantity to the author's textbook warfare, Aggression and Self-Defence, 3rd variation (Cambridge 2001), this e-book specializes in matters bobbing up during hostilities among States, emphasizing the newest conflicts in Iraq and Afghanistan. major topics thought of are lawful and illegal fighters, struggle crimes (including command accountability and defenses), prohibited guns, the excellence among warring parties and civilians, valid army targets, and the safety of our environment and cultural estate. Many particular themes that experience attracted a lot curiosity in fresh hostilities also are addressed. additionally on hand: conflict, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D
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Extra info for The Conduct of Hostilities under the Law of International Armed Conflict
Protocol I, supra note 3, at 669. 2 Lawful combatancy I. Combatants and civilians Under LOIAC, combatants in an international armed conﬂict fall into two alternative categories: (i) Members of the armed forces of a belligerent Party (except medical and religious personnel, discussed infra, Chapter 6, I, A, (vii)–(viii)), even if their speciﬁc task is not linked to active hostilities. 1 LOIAC posits a fundamental principle of distinction between combatants and non-combatants (civilians)2 (see infra, Chapter 4, I).
See C. Aff. 301, 309 (2002). , between the Taliban forces and the Americans). LOIAC will control only the international military operations. As the International Court of Justice pronounced in the Nicaragua case of 1986: The conﬂict between the contras’ forces and those of the Government of Nicaragua is an armed conﬂict which is ‘not of an international character’. 47 (ii) Armed conﬂicts may also be mixed vertically in the sense that what has started as an intra-State armed conﬂict evolves into an inter-State armed conﬂict.
It is true that sometimes the act which turns a person into an unlawful combatant constitutes by itself an offence (under either domestic or international law) and can be prosecuted and punished as such before a military tribunal. But the fulcrum of unlawful combatancy is that the judicial proceedings may be conducted before regular domestic (civil or military) courts and, signiﬁcantly, they may relate to acts other than those that divested the person of the status of lawful combatant. Even when the act negating the status of a lawful combatant does not constitute a crime per se (under either domestic or international law), it can expose the perpetrator to ordinary penal sanctions (pursuant to the domestic legal system) for other acts committed by him that are branded as criminal.