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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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Should Rebels be Treated as Criminals? Some Modest Proposals for Rendering Internal Armed Conflicts Less Inhumane

Should Rebels be Treated as Criminals? Some Modest Proposals for Rendering Internal Armed Conflicts Less Inhumane

Chapter:
(p.519) 39 Should Rebels be Treated as Criminals? Some Modest Proposals for Rendering Internal Armed Conflicts Less Inhumane
Source:
Realizing Utopia
Author(s):

Antonio Cassese

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691661.003.0039

It is common knowledge that, while in international armed conflicts combatants who fulfil the necessary requirements must be accorded prisoner of war status upon capture, in internal armed conflicts normally combatants opposing government forces do not enjoy any privileged status. What should be done to introduce a modicum of humanity into non-international armed conflicts? This chapter shows: how inconsistent the current situation is with the whole spirit and purpose of humanitarian law; and how some new trends in the international community could lead to better legal regulation of the matter.

Keywords:   armed conflicts, prisoner of war, rebels, humanitarian law, human rights

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