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Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions ― most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure.Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.
This book investigates the historical doctrine of recognition of belligerency and its functional role in differentiating internal conflicts from civil wars prior to the 1949 Geneva Conventions. Robert McLaughlin, a scholar in military law, utilizes a legal historical framework to examine how this doctrine operated for two centuries as a primary mechanism for applying the law of war to non-state actors. The text evaluates the practical application of these legal standards and questions their ongoing relevance within the contemporary international legal landscape.
What You Will Find
Legal scholars and practitioners identify this work as a specialized contribution to the history of international humanitarian law. Readers frequently note the academic density of the prose and its utility for those researching the evolution of conflict regulation.
Page Count:
324
Publication Date:
2020-03-19
Publisher:
Oxford University Press
ISBN-10:
0197507050
ISBN-13:
9780197507056
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