Stigall et al., Human Rights and Military Decisions: Counterinsurgency and Trends in the Law of International Armed Conflict
, 30 U.
The Law of International Armed Conflict
(LOIAC) in its entirety is predicated on a subtle equilibrium between two diametrically opposed imputes: "military necessity and humanitarian considerations.
The inclusion of alien occupation in the expanded scope of Additional Protocol I is not linked to decolonization, but rather for the purposes of extending the law of international armed conflict
to cases where classification under paragraph two of Common Article Two of the Conventions is ambiguous or controversial.
(He might claim that it does not: the law of international armed conflict
is allowed to be stricter, because it is derived not from the international harm principle but rather from the right of sovereign states to protect their inhabitants from the depredations of foreign soldiers.
THE contemporary law of international armed conflict
, as interpreted by governments, international courts and lawyers over the decades since 1945.
This justifies the conclusion that, according to the consensus of States, the law of international armed conflict
is lex specialis and, thus, prevails over human rights law.
This Convention shall not apply to a United Nations operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict
By insisting that the law of international armed conflict
was not applicable, the Executive ruled out the application of the only branch of the law of armed conflict that could privilege the detention of enemy combatants.
Over the past thirty years, there has been a general extension of rules of the law of international armed conflict
to situations of non-international armed conflict.
Since the interim government did not consent to Russia's military intervention, (87) Russia's actions are not justified on the grounds of a valid intervention by invitation and, consequently, do not hinder the application of the law of international armed conflicts
In the last twenty years, the jurisprudence from international criminal tribunals, the influence of human rights law and even sonie treaty rules adopted by states have narrowed the gap between the law of noninternational armed conflicts and the law of international armed conflicts
. (39) In the many fields where the treaty rules still differ, this convergence has been rationalized by claiming that under customary international law, the differences between the two categories of conflicts have gradually disappeared.
Article 1 expanded application of the law of international armed conflicts
to include conflicts between dissident groups fighting for national liberation against government authority.