A non-international armed conflict exists whenever there is protracted armed violence Between governmental authorities and organised armed groups or between such groups within a State. This definition of non-•international armed conflict recognises that there are two separate categories of participants in non-international armed conflict The State, and the organised armed group, a fact so obvious that it should hardly need highlighting Yet, organised armed groups as the other main participating l in non-international armed conflict has traditionally been overlooked or entirely ignored , in scholarly writing. Only in the last decade have several important works been published about specific aspects of the law of non-international armed conflict. However, despite the increase in literature and case law covering the substantive law of non-international armed conflict, there has not yet been a comprehensive study that addresses the difficulties of a practical application of the law to non-international armed conflict and specifically to the conduct of organised armed groups engaged in such conflict This thesis fills this gap and addresses the following aspects of non-international armed conflict: the historical background of non-international armed conflict, ; the definition of non-international armed, ; application of international human rights law during a non- international armed conflict, and the effect this has on organised armed groups; the categories of persons in non-international armed conflict; and the binding nature of the law of non-international armed conflict on organised armed groups. The ultimate goal of this thesis is to realign the focus on non-international armed conflict from a State-centric view to consider organised armed groups As equal actors within non-international armed conflict , to discuss how they have been ignored as non-State actors and some of the problems that this has created in the application of the law of Inter-national armed conflict.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:604879 |
| Date | January 2013 |
| Creators | Reddy, Joy Elise |
| Publisher | University of Reading |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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