The Meaning of Armed Conflicts and the Just ad Bellum

TitleThe Meaning of Armed Conflicts and the Just ad Bellum
Publication TypeBook Chapter
Year of Publication2012
AuthorsBrunneĢe, Jutta
EditorO'Connell, Mary Ellen
Book TitleWhat Is War?: An Investigation in the Wake of 9/11
Pagination31 - 50
PublisherBrill - Nijhoff
CityLeiden ; Boston
Abstract

The meaning of armed conflict is reported on by prominent international law scholars from four continents together with perspectives by military historians, soldiers, just war scholars, political scientists, peace studies scholars, and war correspondents, offering a unique interdisciplinary exploration.
International law has lacked a widely-accepted definition of armed conflict despite the essential human rights and other rules that depend on such a definition. During armed conflict, government forces have combatant immunity to kill without warning. They may detain enemy forces until the end of the conflict without the requirement to provide a speedy and fair trial. Governments may have asylum obligations or neutrality obligations based on the existence of armed conflict. To fill this gap in our knowledge of the law, the International Law Association's Committee on the Use of Force produced a report on the meaning of armed conflict. This book contains the report and papers delivered at an inter-disciplinary conference designed to inform the committee from a variety of perspectives.

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