Combatant Status in Non-international Armed Conflicts and the Issues relating to the Lawfulness of the US Operation Against Osama Bin Laden

Nonfiction, Reference & Language, Law, International
Cover of the book Combatant Status in Non-international Armed Conflicts and the Issues relating to the Lawfulness of the US Operation Against Osama Bin Laden by Vito Pappagallo, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Vito Pappagallo ISBN: 9783656028482
Publisher: GRIN Verlag Publication: October 14, 2011
Imprint: GRIN Verlag Language: English
Author: Vito Pappagallo
ISBN: 9783656028482
Publisher: GRIN Verlag
Publication: October 14, 2011
Imprint: GRIN Verlag
Language: English

Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: Distinction, University of Westminster, course: International Humanitarian Law, language: English, abstract: This study takes into account the important changes concerning the way to conduct armed conflicts that has been made over the last century. One of the most important changes concerns the types of armed conflicts. Nowadays, the term 'war' and the phrase 'civil war' have been replaced by the phrases, 'international' and 'non-international' armed conflicts, respectively. In the following pages of this study, since the end of the Second World War, an important raise in the numbers of non-international armed conflicts was registered around the world. Despite this, most of the treaties, conventions and regulations concerned the conduct of international armed conflict, even if these armed conflicts were very uncommon. Taking into account this important change, the International Criminal Tribunal for the Former Yugoslavia (hereinafter ICTY) in a Tadi? case suggested that the law of armed conflict should be applied more uniformly. According to the Court orientation, the equal application of the law of armed conflicts is justified by the exponential growing frequency and cruelty of internal conflicts which make irrelevant the distinction between types of armed conflicts. The same conclusion has been reached by the International Committee of the Red Cross (hereinafter ICRC) through its study on the international customary status of international humanitarian law, by which has been proved that there are tangibles reasons in order to support the abandon of the legal distinction between the international and non-international armed conflicts. As it will be demonstrated in the first chapter of this study, the progress made by the international community in this sense has been considerable. Indeed, it can be said that, nowadays, there is an important body of provisions concerning the law of international armed conflicts which applied also to a non-international armed conflicts. However, some distinct areas regulated by the law of armed conflicts, such as combatant status and prisoners of war rights, remain exclusive to international armed conflicts. The second chapter of this study, therefore, will explore the meaning of combatant status and the reasons of its denial to non-State participants during an non-international armed conflict. Consequently, it will be discussed the status of non-State participants when no longer engaged in non-international armed conflict and analysed the legality of the Osama Bin Laden killing in accordance with the law of armed conflicts.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: Distinction, University of Westminster, course: International Humanitarian Law, language: English, abstract: This study takes into account the important changes concerning the way to conduct armed conflicts that has been made over the last century. One of the most important changes concerns the types of armed conflicts. Nowadays, the term 'war' and the phrase 'civil war' have been replaced by the phrases, 'international' and 'non-international' armed conflicts, respectively. In the following pages of this study, since the end of the Second World War, an important raise in the numbers of non-international armed conflicts was registered around the world. Despite this, most of the treaties, conventions and regulations concerned the conduct of international armed conflict, even if these armed conflicts were very uncommon. Taking into account this important change, the International Criminal Tribunal for the Former Yugoslavia (hereinafter ICTY) in a Tadi? case suggested that the law of armed conflict should be applied more uniformly. According to the Court orientation, the equal application of the law of armed conflicts is justified by the exponential growing frequency and cruelty of internal conflicts which make irrelevant the distinction between types of armed conflicts. The same conclusion has been reached by the International Committee of the Red Cross (hereinafter ICRC) through its study on the international customary status of international humanitarian law, by which has been proved that there are tangibles reasons in order to support the abandon of the legal distinction between the international and non-international armed conflicts. As it will be demonstrated in the first chapter of this study, the progress made by the international community in this sense has been considerable. Indeed, it can be said that, nowadays, there is an important body of provisions concerning the law of international armed conflicts which applied also to a non-international armed conflicts. However, some distinct areas regulated by the law of armed conflicts, such as combatant status and prisoners of war rights, remain exclusive to international armed conflicts. The second chapter of this study, therefore, will explore the meaning of combatant status and the reasons of its denial to non-State participants during an non-international armed conflict. Consequently, it will be discussed the status of non-State participants when no longer engaged in non-international armed conflict and analysed the legality of the Osama Bin Laden killing in accordance with the law of armed conflicts.

More books from GRIN Verlag

Cover of the book Auszeichnungen statt monetärer Entlohnung in Prinzipal-Agenten-Modellen by Vito Pappagallo
Cover of the book Das Phänomen Mobbing mit Schwerpunkt im Arbeitsbereich by Vito Pappagallo
Cover of the book Konzeptionelle Überlegungen zur Förderung der Ausdrucksfähigkeit durch Orientalischen Tanz - dargestellt an einer Schule für Sprachbehinderte (Primarbereich) by Vito Pappagallo
Cover of the book Sozialmanagement--Coaching als sinnvolles Handlungsinstrument für die Personalentwicklung in Organisationen by Vito Pappagallo
Cover of the book Frequenzumrichter. Emission über Leitung by Vito Pappagallo
Cover of the book Eignung von Speedskating und Roller Derby für Kinder und Jugendliche by Vito Pappagallo
Cover of the book Mobbing am Arbeitsplatz - Angriff und Verteidigung by Vito Pappagallo
Cover of the book Das Familienbrett nach Ludewig: Ein Skulpturverfahren für Forschung und Praxis by Vito Pappagallo
Cover of the book Max Weber: formal-rationales Recht vs. soziales Recht mit antiformalen Tendenzen, Rechtsprechung im Wandel der Zeit by Vito Pappagallo
Cover of the book Salonkultur als Paradigma für neue Lernkultur? by Vito Pappagallo
Cover of the book Scheidung und Trennung by Vito Pappagallo
Cover of the book Fehler und Fehlerkorrektur im Fach Deutsch als Fremdsprache by Vito Pappagallo
Cover of the book Sinn und Unsinn von Umweltzertifikaten - Wie handelbare Emissionsrechte zu einer nachhaltigen Umweltpolitik beitragen können by Vito Pappagallo
Cover of the book Zusammenfassung des Cassis de Dijon Falls by Vito Pappagallo
Cover of the book Zwischen Kausalität und Intention. Die sprachlichen Bedeutungskonzeptionen von Charles L. Stevenson und H. Paul Grice by Vito Pappagallo
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy