By Laura Perna
The aim of this paintings is to track the strategies that led and proceed to guide to the formation of the treaty norms appropriate in non-international armed conflicts. If the aim of humanitarian legislation is to accomplish a stability among army necessity and humanitarian concerns and to avoid pointless ache and destruction, humanitarian legislation principles could be both acceptable to either foreign and inner armed conflicts. while, in spite of the fact that, there are a tremendous variety of treaty provisions appropriate to foreign armed conflicts, only a few provisions are in particular designed to control non-international armed conflicts regardless of the dramatic raise within the variety of such conflicts. The research investigates the explanations at the back of the variations via analysing, inter alia, questions equivalent to: the place does the overseas legislation of inner armed conflicts come from? Why did it evolve otherwise from the legislation regulating foreign armed conflicts? the place is the overseas legislations of inner armed conflicts going?
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Extra resources for The Formation of the Treaty Law of Non-International Armed Conflicts (International Humanitarian Law Series, 14)
Paris r894. De l' esprit des lois, was first published in 1748. 7·, p. 24. , p. 24. The Evolution ofthe Concept ofNon-InternationalArmed Conflicts 27 "II ri ya rien dans la monarchie que les lois, la religion et l' honneur prescrivent tant que l' obeissance aux volontes du prince: mais cet honneur nous dicte que Ie prince ne doitjamais nous prescrire une action qui nous dishonore, parce qu' elle nous rendroit incapables de Ie servir'. 106 This means that the sovereign could not order actions that would be regarded as dishonourable, such as committing atrocities during the conduct of hostilities.
9 The contribution of the code to the evolution of the law ofwar in non-international armed conflicts is evident considering that the Lieber code represents the proftssionalisation and formalisation of the law of war. This appears from the fact that the code was made by qualified officers and jurists in order to lay down a set of rwes which could be externally enforced. It did not deal with military strategy, but with external imposed legal restraints upon the fighters. This also marked the passage from the code of chivalry and honour, which, being individual and personal, imposed self-imposed restraints, to rules of law whose validity and respect is based only on legal bases and enforced externally.
9. In addition, however, in exceptional circumstances, some non-international armed conflicts may have been regarded as public wars. See further below the thinking of Vatte! and the discussion, in the next chapter, on recognition of belligerency. See supra, section 1. ]he Evolution ofthe Concept ofNon-International Armed Conflicts 15 many years. Furthermore, it also shows the interaction between natural (human) rights and the law of war and the implications of a full application of natural (human) rights during non-international armed conflicts.