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Internationalized Armed Conflicts in International Law$
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Kubo Macak

Print publication date: 2018

Print ISBN-13: 9780198819868

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198819868.001.0001

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De-internationalization

De-internationalization

Chapter:
(p.105) 4 De-internationalization
Source:
Internationalized Armed Conflicts in International Law
Author(s):

Kubo Mačák

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198819868.003.0004

wThis chapter contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. It argues that de-internationalization is not simply a matter of the conflict ‘losing’ its international character. Instead, for a conflict to be de-internationalized, it must fulfil the independent criteria for the existence of a non-international armed conflict, while maintaining the identity of the conflict parties and the continuity of the hostilities in question. The chapter highlights that not all modalities of internationalization have a corresponding modality of de-internationalization available in law. However, it interprets this as a strength rather than as a flaw of the existing legal framework.

Keywords:   armed conflict, conflict continuity, conflict parties, conflict qualification, de-internationalization, internalization, international armed conflict, internationalization, non-international armed conflict, regime change

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