The legal analysis then goes on to identify whether substantive norms of the law of international armed conflicts
are violated by the use of unmarked soldiers (Part IV).
Many features of the law of international armed conflict
likewise fit congenially within a fiduciary theory of sovereignty.
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.
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
93) To apply the grave breaches regime, the Chamber had to find that the conflict in question was international in character and that the individuals against whom the alleged violations were committed were "protected persons," because the grave breaches regime and the status of "protected person" exist exclusively in the law of international armed conflict
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.
Article 1 expanded application of the law of international armed conflicts
to include conflicts between dissident groups fighting for national liberation against government authority.
As a result, the law of international armed conflicts
can only apply to a conflict with a non-State where the actions of the non-State group can be attributed to a State or where the non-State group fights alongside two States party to the conflict.