International Humanitarian Law

Page 71 of 77

Filter category

How to Qualify the Armed Conflict in Libya?

A colleague and I are currently working on an article on the qualification or classification of armed conflicts in modern IHL. The ongoing developments in Libya bring out a specific difficulty in the process of qualification which we see as problems of state representation. An excerpt from the draft is provided below, and it is very much work in progress; footnotes are omitted, while comments are welcome. For some relevant links, see yesterday's post by Iain, this post on recognition by Dapo, and this post of mine on what exactly internationalizes a non-international armed conflict, i.e. turns a NIAC into an IAC. * * * It may be easy to say that IACs are fought between states and statehood may be uncontested in a given case, but who gets to represent the state may turn out to be a very difficult issue. Not only is this question important for the initial qualification of a conflict, but it may also prove to be crucial for its requalification or transition from one type to another. Consider, first,…

Read more

Operationalising the Law of Armed Conflict for Dissident Forces in Libya.

As the conflict in Libya appears to be drawing to a close, more allegations are surfacing that war crimes have been committed, and fears have been expressed that reprisals may occur.  The allegations made against the Qadhafi forces of torture and wilful killing (see here and here) are grave, but a Human Rights Watch…

Read more

Can Libya Sue the UK on Recognition of the National Transitional Council?

Earlier this week, the UK Foreign Secretary, William Hague announced that the UK now recognises the Libyan National Transitional Council (the rebels fighting Colonel Gaddafi's forces) as the sole governmental authority in Libya. This was an implementation of the decision reached in the context of the Libya Contact Group meeting which I spoke about last week (see…

Read more

Uses of Force against Civil Aircraft

Dr Kimberley N. Trapp is lecturer in law at Newnham College, University of Cambridge. On 18 June, South Korean marines (stationed on Gyodong Island, to the west of South Korea) fired 99 rifle rounds at an Asiana flight en route from Chengdu (China) to Seoul International Airport (BBC report).  Asiana aircraft are…

Read more

When to Kill and When to Capture?

My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has emerged in this discussion is whether the legality of OBL’s killing depends on whether the US…

Read more