Book contents
- Law Applicable to Armed Conflict
- Max Planck Trialogues on the Law of Peace and War
- Law Applicable to Armed Conflict
- Copyright page
- Contents
- Introduction: International Law Governing Armed Conflict
- 1 Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication
- 2 Divisions over Distinctions in Wartime International Law
- 3 Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities
- Conclusions: Productive Divisions
- Index
- Books in the Series
2 - Divisions over Distinctions in Wartime International Law
Published online by Cambridge University Press: 09 January 2020
- Law Applicable to Armed Conflict
- Max Planck Trialogues on the Law of Peace and War
- Law Applicable to Armed Conflict
- Copyright page
- Contents
- Introduction: International Law Governing Armed Conflict
- 1 Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication
- 2 Divisions over Distinctions in Wartime International Law
- 3 Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities
- Conclusions: Productive Divisions
- Index
- Books in the Series
Summary
In the movie Stand by Me, the following existential debate ensues: ‘Mickey’s a mouse, Donald’s a duck, Pluto’s a dog. What’s Goofy?’ ‘Goofy’s a dog. He’s definitely a dog’ ‘He can’t be a dog. He drives a car and wears a hat’ ‘Oh, God. That’s weird. What the hell is Goofy?’ In the legal classification of collective violence, cross-border fights between non-State and State forces (transnational conflicts) are Goofy, failing to neatly fit into any recognised category. It is important to classify them, however. Peacetime violence is regulated by ‘general’ international law, whereas armed conflict is regulated by radically different law: international humanitarian law (IHL). IHL is purportedly subdivided into two distinct corpora, setting apart the law governing international from that governing non-international armed conflicts.
- Type
- Chapter
- Information
- Law Applicable to Armed Conflict , pp. 106 - 196Publisher: Cambridge University PressPrint publication year: 2020