The geographical scope of application of international humanitarian law

Diplôme Thèse The geographical scope of application of international humanitarian law eng 2019-07-19 author Schoeberl Katja 656683 director Sassòli Marco 135212 10.13097/archive-ouverte/unige:121816 urn:nbn:ch:unige-1218166 D. 971 As one of four commonly accepted dimensions of the scope of application of international humanitarian law (IHL), the geographical scope defines where IHL is applicable. Based on a law of treaties analysis, the thesis examines the law of international armed conflict (IAC) first. It studies the prototypical IAC (i.e. the resort to armed force between states) as well as its variations (i.e. other situations to which the law of IAC applies). It argues that a nexus-based approach constitutes the most convincing approach for the determination of the law of IAC's geographical scope inside and outside the conflict parties' territories. The geographical scope of the law of non-international armed conflict (NIAC) is analysed second. As regards its applicability inside the territory of a state involved in or affected by armed conflict, additional possible approaches specific to the law of NIAC are examined and dismissed in favour of a nexus-based approach. The applicability of the law of NIAC to NIACs with an “extraterritorial element” is analysed last. It is in this context that contentious issues, such as the targeting of “fighters” on the territories of non-adjacent states, are discussed. Scope of application International armed conflict Non-international armed conflict Nexus Dewey 341 98 Département de droit international public et organisation internationale 5E false 3f6ddb2c-6fde-490b-a695-226d478b59d3 Thesis Private Thesis_Schoeberl.pdf 2901045 application/pdf ad2fea1aaadd0e129562934fa684e37d35834bf0492201237296ffbb5cf3d3cc closedAccess Faculté de droit / Département de droit international public et organisation internationale

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The geographical scope of application of international humanitarian law				2019	1,726	4

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Schoeberl, Katja