This research work develops the conflict scenario that is currently experienced in
the area known as VRAEM, with the purpose of determining if the application of
International Humanitarian Law is feasible through a Non-International Armed
Conflict, and if its application favors the protection of persons not participating in
hostilities; determining, if it is going to regulate through the common article 3 of the
conventions of Geneva or by the additional protocol II.
Precisely, this need arises due to the confusion of those who participate in the
hostilities, regarding whether the application of a NIAC would lead to granting an
advantage to the hostile groups, or if the situation could give the prisoner of war
status to the time of his capture. Likewise, the evolution of the Armed Forces and
Shining Path will also be analyzed, from the beginning of the Conflict from the
1980s to our time.
Following this line, the investigation starts from the premise of the evolution of the
conflict in the VRAEM, and if these currently exceed the threshold of internal
disturbances or those called by the doctrine as other situations of internal violence
(OSVI), allowing to determine what type of regulatory framework to use, but above
all with the premise of which of these is the one that provides the greatest protection
to people who do not participate in hostilities. / Trabajo académico
| Identifer | oai:union.ndltd.org:PUCP/oai:tesis.pucp.edu.pe:20.500.12404/24810 |
| Date | 25 April 2023 |
| Creators | Mendoza Rodríguez, Carlos Manuel |
| Contributors | Barnaby Rubio, Bruce |
| Publisher | Pontificia Universidad Católica del Perú, PE |
| Source Sets | Pontificia Universidad Católica del Perú |
| Language | Spanish |
| Detected Language | English |
| Type | info:eu-repo/semantics/bachelorThesis |
| Format | application/pdf, application/pdf |
| Rights | info:eu-repo/semantics/openAccess, Atribución-CompartirIgual 2.5 Perú, http://creativecommons.org/licenses/by-sa/2.5/pe/ |
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