The Law of Non-International Armed Conflict

Sandesh Sivakumaran

Makes sense of the rules and principles applicable to non-international armed conflict, the world's most prevalent and deadly type of war
Provides new insights on the law of non-international armed conflict, drawing on the views and practice of both governments and irregular armed forces
Identifies and synthesizes the relevant rules from international humanitarian law, international human rights law, and international criminal law
Takes a historical view: analyses armed conflicts from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, Philippines, and Sudan

The Law of Non-International Armed Conflict

Sandesh Sivakumaran

Description

This book brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, Philippines, and Sudan are all considered.

The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.

The Law of Non-International Armed Conflict

Sandesh Sivakumaran

Introduction
Part I: Identifying an armed conflict not of an international character
1:Non-International Armed Conflicts and Internal Tensions and Disturbances
2:Non-International and international armed conflicts
Part II: Legal Regulation of non-international armed conflict
3:Ad-hoc Regulation
4:Attempts at Systematic Regulation
5:A Body of International Law
6:The Law and its Acceptance
Part III: the substantive law of non-international armed conflict
7:Scope of Application
8:Protection of Civilians, Civilian Objects, and Persons Hors de Combat
9:Conduct of Hostilities
Part IV: Implementation And Enforcement
10:Implementation and Non-Judicial Enforcement
11:Judicial Enforcement
Part V: Concluding Thoughts
Conclusion

The Law of Non-International Armed Conflict

Sandesh Sivakumaran

Author Information

Sandesh Sivakumaran, Lecturer, School of Law, University of Nottingham

Sandesh Sivakumaran is a lecturer at the School of Law, University of Nottingham. He has worked at the International Court of Justice, the International Criminal Tribunal for the former Yugoslavia, and the Special Court for Sierra Leone, and has acted as an expert for intergovernmental and non-governmental organizations. He is a recipient of the Giorgio La Pira Prize and the Antonio Cassese Prize for International Criminal Law Studies.

The Law of Non-International Armed Conflict

Sandesh Sivakumaran

Reviews and Awards

Winner of the Francis Lieber Prize 2013 from the American Society of International Law and the 2012 International Committee of the Red Cross Paul Reuter Prize

"[Professor Sandesh Sivakumaran] examines the genesis of this novel, interdisciplinary body of law and the way ahead, thereby contributing with a major piece of work in a field . . . that greatly needed further research." - Roberta Arnold, Israel Law Review

"This invaluable work is accordingly of great interest for those - jurists or otherwise - seeking a structured and clear overview and in-depth, yet concise, development on the rules and challenges of the law of non-international armed conflicts. In addition to being an enjoyable read, the book equally provides, for international humanitarian law scholars and practitioners - even the most eminent amongst them - an undeniably original and reliable perspective on this topic." - Camille Marquis Bissonnette, Journal of International Criminal Justice

"The Law of Non-International Armed Conflict is an essential contribution to an area much in need of clarification. In addition to offering a comprehensive elaboration of the current law in this area, it also explores the more foundational questions that will be of interest to any general international lawyer, such as the methodology of customary law formation and the varied sources of the relevant norms. It is to be hoped that Professor Sivakumarans proposal of a new instrument to bind non-state armed groups can be taken forward, with a view to achieving greater compliance with the law in situations that all too often witness the most violent fratricidal clashes." - Lawrence Hill-Cawthorne, Australian Year Book of International Law

"This book is an almost exhaustive treatment and will probably be cited as leading the doctrine in the topic of non-international armed conflicts and armed non-state actors." - Konstantinos Mastorodimos, NILR

"...the book of our time on the law of non-international armed conflict." - Claus Kreß, British Yearbook of International Law

The Law of Non-International Armed Conflict

Sandesh Sivakumaran

From Our Blog

Killing journalists in wartime: a legal analysis

By Sandesh Sivakumaran The last couple of years have been bad for journalists. I'm not referring to phone-hacking, payments to police, and the like, which have occupied much attention in the United Kingdom these last months. Rather, I'm referring to the number of journalists who have been killed in wartime. These last two years alone have seen eminent journalists such as Marie Colvin and Tim Hetherington killed while reporting on armed conflicts.

Posted on December 17, 2012

Read the blog post