The Law and Internal Armed Conflict: Past, Present and Future
JUDGE ADVOCATE GENERAL WASHINGTON DC
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The law of internal armed conflict is currently plagued with uncertainty regarding what laws apply and when they apply. Common Article 3 of the 1949 Geneva Conventions, Additional Protocol II to the 1949 Geneva Conventions, and customary law apply in various situations. Nations have reluctant to apply any of these laws to their internal armed conflicts. They have argued that the struggles they are involved in do not rise to the level covered by these laws. It is my argument that Common Article 3 is sufficient to cover this area of the law. Its provisions are broad enough to cover all necessary aspects. This thesis examines where those laws came from and how they are applied. It examines current criminal proceedings applying those laws and speculates on their future effect. A method of determining what is an internal armed conflict and when Common Article 3 applies is proposed.
- Sociology and Law